Minister for Immigration and Multicultural Affairs v Tedella (No 2) [2001] FCA 930

Minister for Immigration and Multicultural Affairs v Tedella (No 2) [2001] FCA 930

It is appropriate to grant the respondent a costs certificate because the appeal succeeded on a question of law, satisfying the requirements of s 6(1) of the Federal Proceedings (Costs) Act 1981 (Cth).

Parties
Appellant: Minister for Immigration and Multicultural Affairs; Respondent: Solomon Kahsay Tedella
Jurisdiction
Australia
Judgment Date
31 July 2001
Procedural Posture
Appeal / Post Judgment Order on Costs Certificate
Outcome
respondent granted costs certificate under s 6(1) Federal Proceedings (Costs) Act 1981 (Cth)
Legal Topics
Costs in Federal Appeals, Errors of Law, Migration Act Reviewability
Administrative Law Migration Law Costs in Federal Appeals Errors of Law Migration Act Reviewability

Case Brief

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Parties

Minister for Immigration and Multicultural Affairs

Appellant

Solomon Kahsay Tedella

Respondent

Procedural Posture

Appeal / Post Judgment Order on Costs Certificate

Legal Issues

  1. 1 Whether to grant a costs certificate under s 6(1) of the Federal Proceedings (Costs) Act 1981 (Cth) when appeal succeeded on a question of law

Ratio Decidendi

It is appropriate to grant the respondent a costs certificate because the appeal succeeded on a question of law, satisfying the requirements of s 6(1) of the Federal Proceedings (Costs) Act 1981 (Cth).

Court Disposition

respondent granted costs certificate under s 6(1) Federal Proceedings (Costs) Act 1981 (Cth)

Orders

  • A certificate be granted to the respondent pursuant to s 6(1) of the Federal Proceedings (Costs) Act 1981 (Cth).