BKW17 v Minister for Immigration, Citizenship and Multicultural Affairs (No 2) [2023] FCAFC 8

BKW17 v Minister for Immigration, Citizenship and Multicultural Affairs (No 2) [2023] FCAFC 8

The applicants' litigation representatives, being their fathers, should pay the Minister's costs, but only 50% of those costs, because the proceedings raised an important question for the administration of migration matters in the Federal Circuit and Family Court, the Federal Court and the High Court and the broader public interest justified a reduction notwithstanding the Minister's success.

Jurisdiction
Australia
Judgment Date
16 February 2023
Procedural Posture
Costs / Costs Determination After Substantive Full Court Reasons on Applications for Extension of Time and Leave to Appeal
Outcome
Costs ordered against the applicants' litigation representatives, reduced to 50% of the first respondent's costs.
Legal Topics
['costs Against Litigation Representative' 'minor Applicants' 'public Importance' 'migration Proceedings']
['administrative and Constitutional Law and Human Rights' 'migration' 'costs'] ['costs Against Litigation Representative' 'minor Applicants' 'public Importance' 'migration Proceedings']

Case Brief

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Procedural Posture

Costs / Costs Determination After Substantive Full Court Reasons on Applications for Extension of Time and Leave to Appeal

Legal Issues

  1. 1 ["Whether the applicants' fathers, as litigation guardians or litigation representatives, should pay the Minister's costs." "Whether the Minister's costs should be reduced by 50%." 'Whether the public importance of the question raised justified a reduction in costs.']

Ratio Decidendi

The applicants' litigation representatives, being their fathers, should pay the Minister's costs, but only 50% of those costs, because the proceedings raised an important question for the administration of migration matters in the Federal Circuit and Family Court, the Federal Court and the High Court and the broader public interest justified a reduction notwithstanding the Minister's success.

Court Disposition

Costs ordered against the applicants' litigation representatives, reduced to 50% of the first respondent's costs.

Orders

  • ["In NSD 2002 of 2019, the applicants' litigation representative, being BJH17, pay 50% of the first respondent's costs of the proceedings in an amount as agreed or taxed." "In NSD 59 of 2020, the applicants' litigation representative, being BYI18, pay 50% of the first respondent's costs of the proceedings in an...