CCU21 v Minister for Home Affairs (Costs) [2023] FCAFC 112

CCU21 v Minister for Home Affairs (Costs) [2023] FCAFC 112

The Appellant was successful overall in the appeal, and the Minister's arguments for apportionment did not justify departing from the usual rule that costs follow the event; the costs order should stand that the Minister pay the Appellant's costs of the appeal and the trial.

Parties
Appellant: CCU21; Respondent: Minister for Home Affairs
Jurisdiction
Australia
Judgment Date
19 July 2023
Procedural Posture
Appeal / Costs Determination After Judgment on Appeal
Outcome
Minister's interlocutory application dismissed; Minister to pay Appellant's costs of the application as taxed, assessed or otherwise agreed.
Legal Topics
Costs in Appeals, Visa Cancellation, Ministerial Decision Making, Procedural Fairness
Administrative Law Migration Law Costs in Appeals Visa Cancellation Ministerial Decision Making Procedural Fairness

Case Brief

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Parties

CCU21

Appellant

Minister for Home Affairs

Respondent

Procedural Posture

Appeal / Costs Determination After Judgment on Appeal

Legal Issues

  1. 1 Whether the Minister should pay the appellant's costs of the appeal and trial or costs should be apportioned
  2. 2 Implications of procedural fairness in making costs orders
  3. 3 Appropriateness of varying previously made costs orders

Ratio Decidendi

The Appellant was successful overall in the appeal, and the Minister's arguments for apportionment did not justify departing from the usual rule that costs follow the event; the costs order should stand that the Minister pay the Appellant's costs of the appeal and the trial.

Court Disposition

Minister's interlocutory application dismissed; Minister to pay Appellant's costs of the application as taxed, assessed or otherwise agreed.

Orders

  • The Minister's interlocutory application dated 13 June 2023 be dismissed.
  • The Minister pay the Appellant's costs of that application as taxed, assessed or otherwise agreed.