GDV18 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 946

GDV18 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 946

The costs order made by the Federal Circuit Court should not be disturbed notwithstanding the appellant's success on appeal, because the appeal succeeded on a new ground not advanced below, the Minister's response to the new ground was prompt and appropriate, the error was not obvious on the materials before the primary judge, and the appellant had legal representation at both levels.

Jurisdiction
Australia
Judgment Date
11 August 2023
Procedural Posture
Appeal / Decision on Costs Following Appeal Allowing and Remittal Orders
Outcome
Costs order below not disturbed; costs of appeal awarded to appellant; decision of the Immigration Assessment Authority quashed and remitted for determination according to law.
Legal Topics
['costs on Appeal' 'jurisdictional Error' 'immigration Appeals' 'new Grounds on Appeal']
['administrative Law'] ['costs on Appeal' 'jurisdictional Error' 'immigration Appeals' 'new Grounds on Appeal']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Appeal / Decision on Costs Following Appeal Allowing and Remittal Orders

Legal Issues

  1. 1 ["Whether to disturb the costs order made in the Federal Circuit Court following the appellant's success on appeal on a new ground not raised below"]

Ratio Decidendi

The costs order made by the Federal Circuit Court should not be disturbed notwithstanding the appellant's success on appeal, because the appeal succeeded on a new ground not advanced below, the Minister's response to the new ground was prompt and appropriate, the error was not obvious on the materials before the primary judge, and the appellant had legal representation at both levels.

Court Disposition

Costs order below not disturbed; costs of appeal awarded to appellant; decision of the Immigration Assessment Authority quashed and remitted for determination according to law.

Orders

  • ['The order made in the (then) Federal Circuit Court of Australia proceedings SYG3302/2018 on 9 June 2020 as to costs is not to be disturbed.']