Graham v Minister for Immigration and Border Protection (No 2)

[2018] FCA 1116

Federal Court of Australia

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Costs
2. › Federal Court
3. › Discretion under s 43 Federal Court of Australia Act 1976 (Cth)
4. › Whether costs should follow the event
1. Costs
2. › Special circumstances
3. › Whether success in related proceedings justified departure from usual rule
1. Costs
2. › Immigration
3. › Judicial review of detention placement decision
4. › Unsuccessful applicant
1. Immigration
2. › Detention
3. › Place of detention
4. › Judicial review
5. › Costs

Quick Take

Success in challenging an underlying visa cancellation decision does not constitute a special circumstance justifying departure from the usual rule that costs follow the event in a separate, unsuccessful challenge to a consequential detention placement decision.