BRH18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2021] FCAFC 106

BRH18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2021] FCAFC 106

Given that neither party acted unreasonably and that the hearings would have occupied a single hearing day but for listing circumstances and amendment, costs orders should be limited: the principal costs order to be made in one appeal (the sister's), and limited costs of preparing the appeal book in each of the other appeals, all to be fixed by lump sum or, in the absence of agreement, by a Registrar.

Jurisdiction
Australia
Judgment Date
18 June 2021
Procedural Posture
Appeal / Costs Determination After Appeal Dismissed
Outcome
Appeals previously dismissed; costs orders now made as specified.
Legal Topics
['costs Orders' 'federal Court Procedure' 'immigration Appeals' 'appeal Procedure']
['administrative Law' 'constitutional Law' 'human Rights'] ['costs Orders' 'federal Court Procedure' 'immigration Appeals' 'appeal Procedure']

Case Brief

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Procedural Posture

Appeal / Costs Determination After Appeal Dismissed

Legal Issues

  1. 1 ['What is the appropriate order for costs following dismissal of appeals from the Immigration Assessment Authority where parties disagree on costs allocation?' "Should costs orders depart from the 'usual' rule that costs follow the event in the circumstances of sequential hearings and amendment of grounds of appeal?"]

Ratio Decidendi

Given that neither party acted unreasonably and that the hearings would have occupied a single hearing day but for listing circumstances and amendment, costs orders should be limited: the principal costs order to be made in one appeal (the sister's), and limited costs of preparing the appeal book in each of the other appeals, all to be fixed by lump sum or, in the absence of agreement, by a Registrar.

Court Disposition

Appeals previously dismissed; costs orders now made as specified.

Orders

  • ["BRH18 and BQU18 (and others) to pay the first respondent's costs of preparing the appeal book in their respective appeals, to be fixed by lump sum; otherwise no order as to costs in those appeals." "BRG18 to pay the first respondent's costs of the appeal, limited to costs incurred in preparing for and appearing at...