Hanna v Minister for Immigration, Citizenship and Multicultural Affairs (Costs) [2023] FCA 695

Hanna v Minister for Immigration, Citizenship and Multicultural Affairs (Costs) [2023] FCA 695

Given the adverse impact of the Tribunal's administrative missteps on Mr Hanna's opportunity to make a valid application within the prescribed period, it is appropriate to depart from the ordinary rule that costs follow the event and to make no order as to costs both at first instance and on appeal.

Jurisdiction
Australia
Judgment Date
23 June 2023
Procedural Posture
Appeal (costs) / Post Judgment (costs Determination After Appeal Dismissed)
Outcome
No order as to costs at first instance or on appeal.
Legal Topics
['costs Discretion' 'merits Review' 'jurisdiction of Tribunal']
['administrative Law' 'immigration Law' 'costs'] ['costs Discretion' 'merits Review' 'jurisdiction of Tribunal']

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Procedural Posture

Appeal (costs) / Post Judgment (costs Determination After Appeal Dismissed)

Legal Issues

  1. 1 ['Whether administrative missteps by the Tribunal should affect the order for costs following the dismissal of an appeal' 'Whether it is appropriate to depart from the ordinary rule that costs follow the event']

Ratio Decidendi

Given the adverse impact of the Tribunal's administrative missteps on Mr Hanna's opportunity to make a valid application within the prescribed period, it is appropriate to depart from the ordinary rule that costs follow the event and to make no order as to costs both at first instance and on appeal.

Court Disposition

No order as to costs at first instance or on appeal.

Orders

  • ["Order 2 of Judge Egan's orders (9 March 2022) set aside; no order as to costs of proceedings at first instance." 'No order as to costs in proceeding NSD 215 of 2022.']