Minister for Immigration and Border Protection v CQZ15 (No 2) [2018] FCAFC 19

Minister for Immigration and Border Protection v CQZ15 (No 2) [2018] FCAFC 19

Although the Minister succeeded on the appeal, the appeal was one of several test cases raising new and important questions about provisions of the Migration Act 1958 (Cth), and clarification of the law served the interests of the parties, other affected persons, and the administrative process. The first respondent's conduct did not justify a different costs order. Accordingly, there should be no order as to the costs of the appeal. Because the appeal was a Federal appeal that succeeded on a question of law and the prerequisites in s 6(1) of the Federal Proceedings (Costs) Act 1981 (Cth) were satisfied, a costs certificate should be granted to the first respondent, but only upon affidavit...

Jurisdiction
Australia
Judgment Date
14 February 2018
Procedural Posture
Costs Determination in a Federal Court Appeal / Determined on the Papers After the Appeal Was Allowed and the Matter Remitted to the Federal Circuit Court of Australia
Outcome
No order as to the costs of the appeal; conditional costs certificate granted to the first respondent.
Legal Topics
['costs of Appeal' 'costs Certificates' 'federal Appeal' 'test Case' 'procedural Fairness' 'migration Act Certificates']
['administrative Law' 'immigration Law' 'costs'] ['costs of Appeal' 'costs Certificates' 'federal Appeal' 'test Case' 'procedural Fairness' 'migration Act Certificates']

Case Brief

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Procedural Posture

Costs Determination in a Federal Court Appeal / Determined on the Papers After the Appeal Was Allowed and the Matter Remitted to the Federal Circuit Court of Australia

Legal Issues

  1. 1 ['What order should be made as to the costs of the appeal after the Minister succeeded on the appeal.' 'Whether the first respondent should be granted a costs certificate under s 6 of the Federal Proceedings (Costs) Act 1981 (Cth).']

Ratio Decidendi

Although the Minister succeeded on the appeal, the appeal was one of several test cases raising new and important questions about provisions of the Migration Act 1958 (Cth), and clarification of the law served the interests of the parties, other affected persons, and the administrative process. The first respondent's conduct did not justify a different costs order. Accordingly, there should be no order as to the costs of the appeal. Because the appeal was a Federal appeal that succeeded on a question of law and the prerequisites in s 6(1) of the Federal Proceedings (Costs) Act 1981 (Cth) were satisfied, a costs certificate should be granted to the first respondent, but only upon affidavit...

Court Disposition

No order as to the costs of the appeal; conditional costs certificate granted to the first respondent.

Orders

  • ['There be no order as to the costs of the appeal.' 'Subject to the first respondent providing confirmation by affidavit that he has incurred costs in relation to the appeal, the first respondent be granted a certificate to the effect that in the opinion of the Court it would be appropriate for the Attorney-General...