Subakaran v Minister for Immigration and Multicultural Affairs

[2000] FCA 707

FEDERAL COURT OF AUSTRALIA

Subakaran v Minister For Immigration & Multicultural Affairs [2000] FCA 707

Migration Act 1958 (Cth) s 48B

SIVAGNANAM SUBAKARAN V MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS.
N772 OF 1999

R D NICHOLSON J
26 MAY 2000
PERTH

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	N772 OF 1999

BETWEEN:	SIVAGNANAM SUBAKARAN APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT
JUDGE:	R D NICHOLSON J
DATE OF ORDER:	26 MAY 2000
WHERE MADE:	PERTH

THE COURT ORDERS THAT:

The applicant pay the respondent’s costs of the application.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	N772 OF 1999

BETWEEN:	SIVAGNANAM SUBAKARAN APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT

JUDGE:	R D NICHOLSON J
DATE:	26 MAY 2000
PLACE:	PERTH

REASONS FOR JUDGMENT

1. This application was argued before the Court on 5 May 2000. The application was dismissed but costs were reserved. The reservation of costs occurred because the question was raised at the hearing whether an award of costs, which had been sought by the respondent, would, if granted, bar the applicant from making a further protection visa application in the event of the Minister making an appropriate determination allowing him to do so under s 48B of the Migration Act 1958 (Cth) (“the Act”).

2. Submissions have now been received from the respondent assuring the Court that any costs order made in this matter will be no bar to the applicant’s situation being considered under s 48B; will not prevent his making a further protection visa application should the Minister make a determination pursuant to s 48B; and will not prevent a protection visa from being granted to him in the event it is otherwise appropriate. On the basis of those submissions it is appropriate that the respondent should be awarded his costs of the application. The order will be made accordingly.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice R D NICHOLSON.

Associate:

Dated:             26 May 2000

Applicant appeared via video on his own behalf
Counsel for the Respondent:	Mr P R Macliver
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	5 May 2000
Date of Judgment:	26 May 2000