Subakaran v Minister for Immigration & Multicultural Affairs [2000] FCA 707

Subakaran v Minister for Immigration & Multicultural Affairs [2000] FCA 707

There is no bar under a costs order to the applicant's ability to make a further protection visa application or to be considered or granted a protection visa under s 48B of the Migration Act 1958.

Parties
Applicant: Sivagnanam Subakaran; Respondent: Minister for Immigration and Multicultural Affairs
Jurisdiction
Australia
Judgment Date
26 May 2000
Procedural Posture
Judicial Review Application / Post Hearing, Final Judgment and Costs Order
Outcome
Application dismissed; costs awarded to respondent
Legal Topics
Protection Visa, Costs, Judicial Review, Migration Act 1958 S 48 B
Migration Law Protection Visa Costs Judicial Review Migration Act 1958 S 48 B

Case Brief

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Parties

Sivagnanam Subakaran

Applicant

Minister for Immigration and Multicultural Affairs

Respondent

Procedural Posture

Judicial Review Application / Post Hearing, Final Judgment and Costs Order

Legal Issues

  1. 1 Whether costs should be awarded to the respondent
  2. 2 Whether a costs order bars the applicant from making a further protection visa application under s 48B of the Migration Act 1958

Ratio Decidendi

There is no bar under a costs order to the applicant's ability to make a further protection visa application or to be considered or granted a protection visa under s 48B of the Migration Act 1958.

Court Disposition

Application dismissed; costs awarded to respondent

Orders

  • The applicant pay the respondent's costs of the application.