Minister for Immigration and Border Protection v BBS16 (No 2) [2017] FCAFC 199

Minister for Immigration and Border Protection v BBS16 (No 2) [2017] FCAFC 199

The appropriate costs order reflects that both parties had mixed success; the Minister is to pay 50 percent of the first respondent's costs in the lower court and there is no order as to costs on appeal. The Court found no misconduct by the Minister in relation to costs and followed established discretion under s 43.

Jurisdiction
Australia
Judgment Date
29 November 2017
Procedural Posture
Appeal / Final Judgment on Costs and Orders After Appeal Allowed
Outcome
Appeal allowed; partial success on notice of contention; specific orders made regarding costs and earlier orders set aside.
Legal Topics
['costs' 'judicial Review' 'migration Decisions']
['administrative Law'] ['costs' 'judicial Review' 'migration Decisions']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Final Judgment on Costs and Orders After Appeal Allowed

Legal Issues

  1. 1 ['Appropriate order as to costs of appeal and proceedings below']

Ratio Decidendi

The appropriate costs order reflects that both parties had mixed success; the Minister is to pay 50 percent of the first respondent's costs in the lower court and there is no order as to costs on appeal. The Court found no misconduct by the Minister in relation to costs and followed established discretion under s 43.

Court Disposition

Appeal allowed; partial success on notice of contention; specific orders made regarding costs and earlier orders set aside.

Orders

  • ['The appeal be allowed.' 'Grounds 1 and 3 of the notice of contention be allowed.' 'The notice of contention otherwise be dismissed.' "The orders made by the Federal Circuit Court of Australia on 1 February 2017 be set aside and, in substitution: (a) A writ of certiorari issue to the second respondent quashing its...