Santos and Anor v Minister for Home Affairs and Anor (No.2)

Santos and Anor (the applicants) sought judicial review of a decision made by the Minister for Home Affairs (the Minister) and the Department of Home Affairs (the Department). The applicants' application for judicial review was dismissed by the Federal Circuit Court of Australia.

The primary legal issue before the Court was whether it possessed the power to award costs against the applicants following the dismissal of their application for judicial review. This question turned on the interpretation and application of the *Federal Circuit Court Rules 2001* (Cth) in the context of migration litigation.

Judge Tonkin determined that the Court had the power to award costs. His Honour reasoned that the *Federal Circuit Court Rules 2001* applied to applications for judicial review under the *Migration Act 1958* (Cth), and that Rule 24.01 of those Rules conferred a broad discretion on the Court to make costs orders. The Court found that there were no specific provisions within the *Migration Act* or associated regulations that excluded the operation of the general costs rules of the Federal Circuit Court.

Consequently, the Court made an order for costs against the applicants in favour of the Minister and the Department.