Ntokos v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 3)

Mercuri J of the Federal Circuit Court of Australia considered an application for judicial review concerning the cancellation of the applicant's Electronic Travel Authority (ETA) visa under section 116(1)(d) of the *Migration Act 1958*. The applicant initially sought to quash the cancellation decision and obtain an injunction preventing his removal from Australia.

The primary legal issue before the court was the determination of costs following the dismissal of the applicant's substantive application. The court was required to consider the respondent's submissions regarding costs and make an order for the applicant to pay the respondent's legal expenses.

The court reasoned that in the absence of any submissions from the applicant to the contrary, it was appropriate to order the applicant to pay the respondent's costs. The respondent had submitted that its costs totalled $9,519, including the preparation of delegate interview transcripts. The court ordered the applicant to pay the respondent's costs fixed at the Scale amount applicable as at 22 January 2020, which was $7,467.