Iyangbe v Minister for Immigration, Citizenship and Multicultural Affairs (No 2)

[2023] FedCFamC2G 414

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 2)

Iyangbe v Minister for Immigration, Citizenship and Multicultural Affairs (No 2) [2023] FedCFamC2G 414 

File number:	ADG 391 of 2020
Judgment of:	JUDGE YOUNG
Date of judgment:	18 May 2023
Catchwords:	MIGRATION – application for costs – where the application was dismissed - where the first respondent is seeking costs for less than the scale amount – where the applicant is seeking costs for less than what is sought by the first respondent – where the applicant has not provided a submissions as to why this lesser amount is sought – where the amount sought by the first respondent is appropriate.
Legislation:	Migration Act 1958 (Cth)
Division:	Division 2 General Federal Law
Number of paragraphs:	3
Date of hearing:	18 April 2023
Place:	Darwin
Counsel for the Applicant:	Ms Maddocks
Solicitor for the Applicant:	Ojeo Consulting
Counsel for the Respondent:	Mr McLaurin
Solicitor for the Applicant:	Minter Ellison

ORDERS

ADG 391 of 2020

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

UYI GABRIEL IYANGBE

Applicant

AND:

MINISTER FOR IMMIGRATION, CITIZENSHIP AND MULTICULTURAL AFFAIRS

Respondent

order made by:	JUDGE YOUNG
DATE OF ORDER:	18 MAY 2023

THE COURT ORDERS THAT:

1.The Applicant is to pay the costs of the First Respondent fixed in the sum of $5,900.

Note: The form of the order is subject to the entry in the Court’s records.

Note: The Court may vary or set aside a judgment or order to remedy minor typographical or grammatical errors (r 17.05(2)(g) Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 17.05 Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth).

REASONS FOR JUDGMENT

Judge Young:

1. I delivered a judgement in this matter on 10 May 2023 and an order was made dismissing the application. The parties were invited to make submissions as to costs.

2. The first respondent is seeking costs in the sum of $5,900, which is less than the current scale amount. The applicant is seeking that I make a costs order for $4,000 but has provided no reasons to support this request.

3. I am satisfied that, given the circumstances, an order for $5,900 is appropriate.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment of Judge Young.

Associate:

Dated:       18 May 2023