The Minister of Citizenship and Immigration brought a motion for judgment regarding an Application for Leave and Judicial Review filed by the applicant.
The applicant had sought judicial review of a decision refusing his application for a Temporary Resident Visa.
The Minister acknowledged a breach of procedural fairness by the visa officer and offered to settle by having the decision set aside and remitted for redetermination without costs.
The applicant sought costs on a solicitor-and-client basis.
The Federal Court granted the Minister's motion, setting aside the decision and remitting the matter.
The Court declined to award costs, finding no special reasons as required by Rule 22 of the Federal Courts Citizenship, Immigration and Refugee Protection Rules.