CZAW v Minister for Immigration and Citizenship (No 2)

[2010] FCA 893

FEDERAL COURT OF AUSTRALIA

CZAW v Minister for Immigration & Citizenship (No 2) [2010] FCA 893

Citation:	CZAW v Minister for Immigration & Citizenship (No 2) [2010] FCA 893
Appeal from:	Federal Magistrates Court of Australia (orders dated 11 May 2010)
Parties:	CZAW v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
File number:	ACD 21 of 2010
Judge:	BUCHANAN J
Date of judgment:	17 August 2010
Date of hearing:	17 August 2010
Place:	Canberra
Division:	GENERAL DIVISION
Category:	No catchwords
Number of paragraphs:	1
Counsel for the Appellant:	The Appellant appeared in person
Solicitor for the First Respondent:	Clayton Utz

IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY
GENERAL DIVISION	ACD 21 of 2010

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

CZAW
Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	BUCHANAN J
DATE OF ORDER:	17 AUGUST 2010
WHERE MADE:	CANBERRA

THE COURT ORDERS THAT:

1. There be no order as to costs.

Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
The text of entered orders can be located using Federal Law Search on the Court’s website.

IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY
GENERAL DIVISION	ACD 21 of 2010

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

CZAW
Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	BUCHANAN J
DATE:	17 AUGUST 2010
PLACE:	CANBERRA

REASONS FOR JUDGMENT

BUCHANAN J:

1. Immediately upon delivering a judgment in this matter, an application was made on behalf of the first respondent for an order for costs against the appellant.  In the principal judgment, I identified what I thought was likely to have been the reason why the proceedings took the course which they have.  I do not think that those matters are matters which may fairly be laid at the door of the appellant.  In my view, this is one of those unusual cases where, despite the ordinary rule, an order for costs ought not be made.  The order will be that there be no order as to costs. 

I certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Buchanan.

Associate:

Dated:       18 August 2010