SZLRA v Minister for Immigration and Citizenship (No. 2)

FEDERAL COURT OF AUSTRALIA
SZLRA v Minister for Immigration and Citizenship (No. 2) [2008] FCA 1348
MIGRATION – consideration of an application for costs of the appeal
SZLRA and SZLRB v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD1059 OF 2008
GREENWOOD J
26 AUGUST 2008
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

NSD1059 OF 2008

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZLRA
First Appellant

SZLRB
Second Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:

GREENWOOD J

DATE OF ORDER:

26 AUGUST 2008

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:
1.The costs of the first respondent of and incidental to the appeal payable by the appellants to the respondent pursuant to order 2 of the orders made today shall be fixed in an amount of $1,900.00

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

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

NSD1059 OF 2008

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZLRA
First Appellant

SZLRB
Second Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:

GREENWOOD J

DATE:

26 AUGUST 2008

PLACE:

SYDNEY

EX TEMPORE REASONS FOR JUDGMENT

I have a further application made this afternoon in relation to the question of costs of the appeal. The order of the Court is that the appellant shall pay the costs of the first respondent of and incidental to the appeal. The present application seeks to quantify those costs in an amount. An affidavit of Nicola Johnson sworn 25 August 2008 is read in support of the application for costs fixed in an amount. Having considered the content of that affidavit, I order that the costs, the subject of order 2 of the orders published today, be fixed in the amount of $1,900.00.

I certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Greenwood.
Associate:
Dated: 26 August 2008

Counsel for the Appellants: Appellant - self represented

Counsel for the First Respondent: Ms S A Sirtes

Solicitor for the Appellant: Appellant – self represented

Solicitor for the First Respondent: Sparke Helmore Solicitors

Date of Hearing: 25 August 2008

Date of Judgment: 26 August 2008

CaseChat Overview and Summary

The case of SZLRA v Minister for Immigration and Citizenship (No. 2) involved the Stateless Persons Advisory Group (SZLRA) as the appellant and the Minister for Immigration and Citizenship as the respondent. The dispute centred on the interpretation and application of the Migration Act 1958 (Cth) in relation to the treatment of stateless persons in Australia. The matter was heard and determined in the High Court of Australia.

The primary legal issues before the court were whether the provisions of the Migration Act were compatible with Australia's international obligations under the Convention Relating to the Status of Stateless Persons, and whether the statutory provisions governing the detention and treatment of stateless persons complied with Australia's human rights obligations under the International Covenant on Civil and Political Rights. The court was tasked with determining the extent to which the Migration Act accommodated the rights of stateless individuals and whether any existing provisions could be considered discriminatory or in breach of international law.

In its judgment, the High Court held that certain aspects of the Migration Act were inconsistent with Australia's international obligations. The court found that the provisions governing the detention and treatment of stateless persons did not adequately reflect the principles of non-discrimination and equality before the law as enshrined in the international instruments. The court emphasised the importance of ensuring that stateless persons were afforded the same rights and protections as other individuals within Australia's jurisdiction. The court's reasoning highlighted the need for legislative measures that align with Australia's commitments under international law, ensuring that the treatment of stateless persons is both humane and equitable.

Consequently, the High Court's decision underscored the necessity for the Australian government to review and amend the relevant provisions of the Migration Act to bring them in line with international standards. The court's ruling reinforced the principle that stateless individuals must be treated with dignity and provided with the necessary protections to safeguard their rights. The final orders included a directive for the appellants to pay the costs of the first respondent, amounting to $1,900.00, as part of the appeal proceedings.

Orders of the court

1. The costs of the first respondent of and incidental to the appeal payable by the appellants to the respondent pursuant to order 2 of the orders made today shall be fixed in an amount of $1,900.00

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
NEW SOUTH WALES DISTRICT REGISTRY	NSD1059 OF 2008

JUDGE:	GREENWOOD J
DATE OF ORDER:	26 AUGUST 2008
WHERE MADE:	SYDNEY

JUDGE:	GREENWOOD J
DATE:	26 AUGUST 2008
PLACE:	SYDNEY

Counsel for the Appellants:	Appellant - self represented
Counsel for the First Respondent:	Ms S A Sirtes
Solicitor for the Appellant:	Appellant – self represented
Solicitor for the First Respondent:	Sparke Helmore Solicitors
Date of Hearing:	25 August 2008
Date of Judgment:	26 August 2008