Mohammed v Minister for Immigration and Citizenship [2026] FedCFamC2G 541

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. By originating application filed on 6 November 2019, the applicant sought judicial review of a decision of the then Administrative Appeals Tribunal made on 3 October 2019 to affirm a decision of a delegate of the first respondent (the Minister) made on 14 June 2018 to refuse the applicant's application for a student (subclass 500) visa.
2. The proceeding was listed for final hearing before me on 17 March 2026.
3. On 9 March 2026 the applicant lodged a notice of discontinuance with the Court.
4. With the consent of the Minister the notice of discontinuance was accepted for filing on 12 March 2026 pursuant to r 23.02(2)(a)(i) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (Cth) and the final hearing vacated.
5. These reasons concern a dispute as to the costs of the discontinued proceeding. I proposed to the parties that I would deal with the question of costs in chambers and there was no objection to this course.
6. The Minister seeks his costs fixed in the sum of $6,368.43. The applicant's position is that he is experiencing financial hardship and cannot afford to pay the amount sought by the Minister. He says that he can pay $1,500 in fortnightly instalments of $500.
7. The Court has a discretion to award costs in proceedings that have been discontinued: see s 214 of the Federal Circuit and Family Court of Australia Act 2021 (Cth), and r 25.14 and 32.01 of the Rules.
8. In my view it is appropriate to exercise the discretion to award costs in favour of the Minister in circumstances where the Minister has expended public resources responding to a case that the applicant has abandoned shortly before the hearing. Among other things, in accordance with orders made on 10 February 2020, 18 June 2020 and 18 March 2025, the Minister was required to, and did, file a court book, a supplementary court book and written submissions.
9. In respect of the quantum of costs to be awarded, the amount the Minister seeks is what is permitted by the Court's scale in Division 2 of Part 3 of Schedule 2 of the Rules in circumstances where migration proceedings have been discontinued five days before the final hearing (item 4 being $6,368.43).
10. For the reasons given by Judge Given in AHE18 v Minister for Immigration, Citizenship and Multicultural Affairs (No 2) [2023] FedCFamC2G 257 at [12], I am satisfied that it is appropriate to apply the Court's scale of costs as at the date of the final hearing. I am also satisfied that the amount sought is appropriate having regard to the extent of the work undertaken by the Minister as evidenced by the court file.
11. The applicant's asserted inability to meet a costs order is, with respect, of no particular legal consequence. Impecuniosity resulting in an inability to meet a costs order is not relevant to the exercise of the discretion to award costs: Northern Territory v Sangare [2019] HCA 25; (2019) 265 CLR 164 at [36].
12. However, with a view to alleviating any particular stress that may be caused by the costs order, I note the Court's understanding that after a costs order is made, the solicitors for the Minister will write to the applicant to explain to him who at the relevant department he may speak to about the costs order, including any possible reduction, time to pay or the ability to pay in instalments.
13. For those reasons I will make an order that the applicant pay the Minister's costs of the proceeding fixed in the sum of $6,368.43.
14. I will also make the orders sought by the Minister to change the names of the respondents to reflect the formal changes made to those names since the proceeding was commenced.

I certify that the preceding fourteen (14) numbered paragraphs are a true copy of the Reasons for Judgment of Judge Edwards.