Minister for Immigration and Multicultural Affairs v “A” Summary

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:

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.
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.
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.
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

CaseChat Overview and Summary

The case of Minister for Immigration and Multicultural Affairs v “A” was a legal dispute between the Minister for Immigration and Multicultural Affairs, acting as the appellant, and the respondent, “A”. The respondent, who was originally from Vietnam, sought to amend his application for a visa under section 48A of the Migration Act 1958 (Cth). The matter was heard in the Federal Court of Australia, specifically in the Victoria District Registry.

The primary legal issue before the court was whether the respondent should be granted leave to amend his application, and if so, whether the Minister should bear the costs associated with the amendment, the trial, and the appeal. The court was also tasked with determining the costs of both the original proceeding and the appeal.

The court found that the Minister had accepted that the respondent was entitled to make a valid application under section 48A of the Migration Act 1958 (Cth), thereby resolving the controversy between the parties on that matter. Consequently, the court held that there was no need for an amendment to the application. The court further concluded that it was appropriate for each party to bear their own costs of the proceeding and the appeal, including the costs of the further submissions. The judges took into consideration the circumstances of the case and the reasons outlined in their Reasons for Judgment when reaching this conclusion.

In summary, the Federal Court of Australia determined that the respondent was entitled to make a valid application under section 48A of the Migration Act 1958 (Cth), and no amendment to the application was necessary. Each party was ordered to bear their own costs for the proceeding and the appeal, including the costs of the further submissions.

Minister for Immigration and Multicultural Affairs v “A”

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

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

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

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