BRGAQ of 2008 v Minister for Immigration & Anor [2010] FMCA 38 (22 January 2010)

Federal Magistrates Court of Australia

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BRGAQ of 2008 v Minister for Immigration & Anor [2010] FMCA 38 (22 January 2010)

Last Updated: 27 January 2010

FEDERAL MAGISTRATES COURT OF AUSTRALIA

BRGAQ OF 2008 v MINISTER FOR IMMIGRATION & ANOR

[2010] FMCA 38

MIGRATION – Costs.

Applicant:

BRGAQ OF 2008

First Respondent:

MINISTER FOR IMMIGRATION & CITIZENSHIP

Second Respondent:

REFUGEE REVIEW TRIBUNAL

File Number:

BRG 689 of 2008

Judgment of:

Wilson FM

Hearing dates:

30 January 2009 & 20 March 2009

Date of Last Submission:

4 September 2009

Delivered at:

Brisbane

Delivered on:

22 January 2010

REPRESENTATION

Counsel for the Applicant:

Dr Azzi

Solicitors for the Applicant:

N/A

Counsel for the first Respondent:

Ms Wheatley

Solicitors for the first Respondent:

Clayton Utz

Counsel for the second Respondent:

Ms Wheatley

Solicitors for the second Respondent:

Clayton Utz

ORDERS

(1) The First Respondent shall pay the Applicant’s costs fixed in the sum of Three Thousand dollars ($3,000.00).

FEDERAL MAGISTRATES COURT OF AUSTRALIA AT BRISBANE

BRG 689 of 2008

BRGAQ OF 2008

Applicant

And

MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. On 19 August 2009 I published reasons for my orders quashing the decision of the Refugee Review Tribunal signed 15 September 2008. I ordered that any submissions on behalf of the Applicant as to costs be filed and served on or before 28 August 2009, and that any submissions on behalf of the First Respondent as to costs be filed and served on or before 4 September 2009.
2. Neither party filed submissions.
3. In my reasons for judgment at paragraph [93] – [99] I dealt with the issue of costs. I foreshadowed a provisional view that the Applicant should recover his costs fixed in the sum of $3,000.00. I invited the parties to make submissions if they contended for any other costs order. As I have said neither party has filed any submissions. I will therefore formalise the order as to costs.

I certify that the preceding 3Error! Style not defined.!Syntax Error, !Error! Style not defined.Error! Style not defined.!Syntax Error, !threethree (3) paragraphs are a true copy of the reasons for judgment of Wilson FM

Associate: Lynnette Chin

Date: 22 January 2010