GOS18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2021] FCA 1301

GOS18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2021] FCA 1301

The application to vary the costs order was dismissed because no new facts or circumstances were identified to justify a change, and the original order that the Minister pay only 30% of the appellant's appeal costs properly balanced the interests of justice given the unnecessary costs and prejudice caused by the appellant's conduct, including raising unmeritorious new grounds.

Jurisdiction
Australia
Judgment Date
26 October 2021
Procedural Posture
Appeal / Costs Application Following Appeal Determination
Outcome
Application to vary costs order dismissed
Legal Topics
['costs' 'variation of Costs Order' 'appeal Procedure']
['administrative Law' 'constitutional Law' 'human Rights'] ['costs' 'variation of Costs Order' 'appeal Procedure']

Case Brief

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Procedural Posture

Appeal / Costs Application Following Appeal Determination

Legal Issues

  1. 1 ['Whether there is an appropriate ground to vary the costs order made on 21 June 2021']

Ratio Decidendi

The application to vary the costs order was dismissed because no new facts or circumstances were identified to justify a change, and the original order that the Minister pay only 30% of the appellant's appeal costs properly balanced the interests of justice given the unnecessary costs and prejudice caused by the appellant's conduct, including raising unmeritorious new grounds.

Court Disposition

Application to vary costs order dismissed

Orders

  • ["The appellant's application by submission dated 2 July 2021 to vary order 9 of the orders dated 21 June 2021 be dismissed."]