The court considered whether to award costs to the Attorney General following proceedings involving a detained individual seeking relief relating to immigration detention.
Although the court accepted it had jurisdiction to award costs to the Attorney General, it declined to do so.
The judge found the application was not an instance of forum shopping and acknowledged the applicant’s frustrations arising from dealings with the Immigration Division.
Given the circumstances surrounding detention and the applicant’s attempt to seek relief, the court exercised its discretion not to award costs.