SZWBI v Minister for Home Affairs

The applicant, SZWBI, sought judicial review of a decision by the Minister for Home Affairs to refuse a protection visa and to refuse an extension of time for a show cause application. The matter came before Driver J of the Federal Court of Australia.

The primary legal issues before the Court were whether the Administrative Appeals Tribunal (AAT) had erred in its review of the Minister's decision, and whether the Minister was liable for the applicant's costs in earlier judicial review proceedings, specifically concerning the payment of a setting down fee.

Driver J found that the AAT had not erred in its review of the Minister's decision. Regarding costs, the Court noted that the Minister had conceded earlier judicial review proceedings without a hearing, leading to an initial costs order against the Minister. The Court determined that the applicant was entitled to reimbursement of the setting down fee, which had been paid by the applicant two years after the initial costs order, consistent with the earlier concession and costs order made against the Minister.