Kaur v Minister for Immigration and Border Protection (No 2) [2016] FCA 435

Kaur v Minister for Immigration and Border Protection (No 2) [2016] FCA 435

The first respondent was wholly successful in defending the appeal, and the Tribunal's delay and lack of clarity were not attributable to the first respondent and did not constitute a reason to depart from the ordinary rule that costs follow the event. The appellant was therefore ordered to pay the first respondent's costs as agreed or assessed.

Jurisdiction
Australia
Judgment Date
29 April 2016
Procedural Posture
Costs Determination Following Appeal From the Federal Circuit Court / Determined on the Papers After Dismissal of the Appeal
Outcome
The first respondent was awarded costs.
Legal Topics
['costs Discretion' 'costs Follow the Event' 'judicial Review Appeal' 'student Visa Refusal']
['costs' 'administrative Law' 'migration Law'] ['costs Discretion' 'costs Follow the Event' 'judicial Review Appeal' 'student Visa Refusal']

Case Brief

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Procedural Posture

Costs Determination Following Appeal From the Federal Circuit Court / Determined on the Papers After Dismissal of the Appeal

Legal Issues

  1. 1 ['Whether the first respondent should be awarded costs after being wholly successful in defending the appeal.' "Whether the Tribunal's delay and lack of clarity in its reasons justified depriving the first respondent of costs."]

Ratio Decidendi

The first respondent was wholly successful in defending the appeal, and the Tribunal's delay and lack of clarity were not attributable to the first respondent and did not constitute a reason to depart from the ordinary rule that costs follow the event. The appellant was therefore ordered to pay the first respondent's costs as agreed or assessed.

Court Disposition

The first respondent was awarded costs.

Orders

  • ["The appellant pay the first respondent's costs as agreed or assessed."]