Abdul Samad v Minister for Immigration and Citizenship

Note: The Court may vary or set aside a judgment or order to remedy minor typographical or grammatical errors (r 24.04(g) Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (Cth)), or to record a variation to the order pursuant to r 24.04 Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (Cth).

1. In this matter, the first respondent (Minister) sought review of orders made by a Registrar on 29 July 2025 reinstating the applicant's application for an extension of time in which to seek judicial review of a decision of the Administrative Appeals Tribunal (as it was). Judgment was delivered this afternoon granting the relief sought by the Minister: Abdul Samad v Minister for Immigration and Citizenship [2025] FedCFamC2G 1673.
2. In addition to a costs order previously made, the Minister sought costs fixed in the amount of $9,097.93. The current scale under Division 1, Part 3 of Schedule 2 to the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (Cth) (GFL Rules) provides:

Part 3 - Migration proceedings

Division 1 - Migration proceedings that have concluded

Costs and disbursements for migration proceedings that have concluded

(a) at or before the first court date for the proceeding; or

(a) after the first court date for the proceeding or the giving of directions under rule 25.10; or

(1) When the Court determines that a party is entitled to costs in a proceeding to which this Part applies, the party may seek costs and disbursements up to, and including, the amounts specified by Division 1 of Part 3 of Schedule 2, together with the amount of any filing or Court fees paid in relation to the proceeding.

(2) The Court may order costs in excess of those specified in Division 1 of Part 3 of Schedule 2 if, in the Court's opinion, there is sufficient reason and it is in the interests of justice to do so.

(3) The Court may by order specify the maximum costs that may be recovered as between party and party.

(4) If:

(a) the applicant files a notice of discontinuance in a proceeding in which a respondent has sought costs in the response; and

(b) the applicant does not file with the notice an application as to costs;

the Court may, without hearing the parties, make an order in Chambers in accordance with Division 2 of Part 3 of Schedule 2 for the respondent's costs.

(5) This rule does not limit a party's right to apply, under Part 32, for an order as to costs of the application.

Note 1: The Court may dispense with compliance with these Rules or make orders inconsistent with these Rules (see rules 1.10 and 1.11).

Note 2: Disbursements include counsel's fees.

Note 3: For discontinuance, see Division 23.1 of these Rules.

Note 4: For the exercise of jurisdiction in Chambers, see section 136 of the Act.

1. The Minister expressed that the amount sought did not include additional costs associated with the belated seeking of an extension of time by the Minister for review of the Registrar's decision. I accept that this was appropriate.
2. Nonetheless, the proceeding was not concluded at a final hearing. The costs sought by the Minister, when combined with a costs order previously made by a Registrar on 10 June 2025, would bring the costs proposed in this proceeding to an amount in excess of $10,000.
3. The Minister relied upon no affidavit evidence in support of the amount sought. The amount was sought without notice to the applicant, who did not attend the handing down of judgment. In these circumstances, I indicated that I did not consider it appropriate to make an order fixing costs in the particular quantum sought. I queried whether the Minister would seek further opportunity, after the listing today, to file material in support of the amount.
4. The Minister submitted that the fixing of costs in a lower amount would be preferable, reflective of the applicable scale amount at the time of the hearing of the Minister's review application on 29 August 2025. This would involve vacating the costs order previously made on 10 June 2025 and ordering, instead, the scale amount under the previously applicable rules, namely, $4,189.38.
5. I have no difficulty in accepting that costs in at least this amount would have been properly and reasonably incurred by the Minister in this matter. I do not doubt that the Minister's costs in this matter have, reasonably, exceeded this amount.
6. In these circumstances, I will make costs orders of the nature ultimately sought by the Minister.

I certify that the preceding nine (9) numbered paragraphs are a true copy of the Reasons for Judgment of Judge Laing.