SZJSG v Minister for Immigration and Anor (No.2)
[2007] FMCA 108
•7 February 2007
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZJSG v MINISTER FOR IMMIGRATION & ANOR (No.2) | [2007] FMCA 108 |
| MIGRATION – PRACTICE & PROCEDURE – Costs – assessment of costs. |
| Federal Magistrates Court Rules 2001, sch.1 |
| Applicant: | SZJSG |
| First Respondent: | MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS |
| Second Respondent: | REFUGEE REVIEW TRIBUNAL |
| File number: | SYG 3395 of 2006 |
| Judgment of: | Cameron FM |
| Hearing date: | 7 February 2007 |
| Date of last submission: | 7 February 2007 |
| Delivered at: | Sydney |
| Delivered on: | 7 February 2007 |
REPRESENTATION
| The Applicant appeared in person. |
| Solicitors for the Respondent: | Clayton Utz |
ORDERS
The orders of the court will be that the name of the first respondent be amended to read Minister for Immigration and Citizenship.
The application be dismissed.
The applicant pay the first respondent's costs fixed in the sum of $3000.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 3395 of 2006
| SZJSG |
Applicant
And
| MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS |
First Respondent
| REFUGEE REVIEW TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
In this matter the applicant has failed to demonstrate jurisdictional error on the part of the Tribunal, consequently the application will be dismissed. I will publish my reasons.
RECORDED : NOT TRANSCRIBED
In these proceedings the applicant has been unsuccessful and there will be an order dismissing the proceedings. As they were filed in November 2006 pt.2 of sch.1 of the Federal Magistrates Court Rules applies which would in ordinary circumstances justify the Minister in seeking a sum for costs in the amount of $5,000. In this matter I consider it appropriate that costs follow the event in the ordinary course.
The Minister has sought the sum of $3000 which I am told by Ms Palmer amounts to 75 per cent of the costs incurred by the Minister. In the circumstances I am of the view that the sum claimed is reasonable. Ms Palmer has also sought an order changing the title of the first respondent to reflect the change in the name of the portfolio to Minister for Immigration and Citizenship.
I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Cameron FM
Associate: Angela Chong
Date: 7 February 2007
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