Minister for Immigration and Multicultural Affairs v "A" [2000] FCA 108 (11 February 2000)

Last Updated: 15 February 2000

FEDERAL COURT OF AUSTRALIA

Minister for Immigration and Multicultural Affairs v "A" [2000] FCA 108

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS v "A"

VG 159 of 1999

JUDGE: MERKEL, EMMETT AND FINKELSTEIN JJ

PLACE: MELBOURNE

DATE: 11 FEBRUARY 2000

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	V 159 OF 1999

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT

BETWEEN:	THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS Appellant
AND:	"A" Respondent
JUDGES:	MERKEL, EMMETT AND FINKELSTEIN JJ
DATE:	11 FEBRUARY 2000
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

THE COURT:

1 On 3 December 1999 the Court handed down its Reasons for Judgment. Orders were made permitting the respondent to apply for leave to amend his Application and for the parties to file written submissions concerning any proposed amendment and the costs of the trial and the appeal. In accordance with those orders the respondent applied for leave to amend his Application and each party has made submissions in respect of the proposed amendment and costs.

2 In the reasons of Merkel J at [79] his Honour said that in the event that the Minister accepts that the respondent is entitled to make a valid application under s 48A of the Migration Act 1958 (Cth) there would be no need for an amendment to the Application as the controversy between the parties in respect of that matter will have been resolved.

3 The Minister has accepted that the respondent is entitled to make a valid application under s 48A of the Act. Accordingly, no useful purpose would be served in granting the amendment sought.

4 The issue of costs of both the original proceeding and of the appeal is one of some difficulty for the reasons enunciated by the members of the Court in their Reasons for Judgment. In all the circumstances we have concluded that it is appropriate that each party bear his own costs of the proceeding and of the appeal, including the costs of the further submissions.

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Court.

Associate:

Dated: 11 February 2000

Counsel for the Appellant:	Mr RRS Tracey QC
Solicitor for the Appellant:	Australian Government Solicitor
Counsel for the Respondent:	Mr T Hurley
Solicitor for the Respondent:	Erskine Rodan & Associates
Date of Judgment:	11 February 2000