Minister for Immigration and Citizenship v Brar (No 2) [2012] FCAFC 66

Minister for Immigration and Citizenship v Brar (No 2) [2012] FCAFC 66

There were no matters disentitling the first respondent from the issue of a costs certificate, the issues raised in the appeal were important, and relevant public interest considerations were present, so a costs certificate should be granted to the first respondent under s 6 of the Federal Proceedings (Costs) Act 1981 (Cth).

Parties
Appellant: Minister for Immigration and Citizenship; First Respondent: Manjinder Singh Brar; Second Respondent: Migration Review Tribunal
Jurisdiction
Australia
Judgment Date
09 May 2012
Procedural Posture
Appeal / Post Judgment (costs)
Outcome
First respondent granted a costs certificate under s 6 of the Federal Proceedings (Costs) Act 1981 (Cth).
Legal Topics
Costs, Costs Certificates, Federal Proceedings (costs) Act 1981 (cth) S 6
Practice and Procedure Costs Costs Certificates Federal Proceedings (costs) Act 1981 (cth) S 6

Case Brief

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Parties

Minister for Immigration and Citizenship

Appellant

Manjinder Singh Brar

First Respondent

Migration Review Tribunal

Second Respondent

Procedural Posture

Appeal / Post Judgment (costs)

Legal Issues

  1. 1 Whether the first respondent should be granted a costs certificate under Federal Proceedings (Costs) Act 1981 (Cth) s 6

Ratio Decidendi

There were no matters disentitling the first respondent from the issue of a costs certificate, the issues raised in the appeal were important, and relevant public interest considerations were present, so a costs certificate should be granted to the first respondent under s 6 of the Federal Proceedings (Costs) Act 1981 (Cth).

Court Disposition

First respondent granted a costs certificate under s 6 of the Federal Proceedings (Costs) Act 1981 (Cth).

Orders

  • 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 to authorise a payment under the Federal Proceedings (Costs) Act 1981 (Cth) to the first respondent for the costs incurred by him in relation to the appeal and any costs...