MB v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2021] FCA 559

MB v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2021] FCA 559

Where an unsuccessful applicant responsibly challenges detention in a habeas corpus application regarding immigration detention, and the claims are at least arguable, the public interest as identified in Cabal and subsequent authorities supports the exercise of discretion to make no order as to costs.

Jurisdiction
Australia
Judgment Date
26 May 2021
Procedural Posture
Costs Application / Post Judgment Decision on Costs
Outcome
no order as to costs
Legal Topics
['costs Discretion in Immigration Detention Cases' 'habeas Corpus' 'immigration Detention' 'public Interest and Costs']
['administrative Law' 'constitutional Law' 'human Rights'] ['costs Discretion in Immigration Detention Cases' 'habeas Corpus' 'immigration Detention' 'public Interest and Costs']

Case Brief

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Procedural Posture

Costs Application / Post Judgment Decision on Costs

Legal Issues

  1. 1 ['Whether there should be no order as to costs following the dismissal of an application for habeas corpus in an immigration detention case']

Ratio Decidendi

Where an unsuccessful applicant responsibly challenges detention in a habeas corpus application regarding immigration detention, and the claims are at least arguable, the public interest as identified in Cabal and subsequent authorities supports the exercise of discretion to make no order as to costs.

Court Disposition

no order as to costs

Orders

  • ['In proceeding MB v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 442 there be no order as to costs.']