Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) In this rule:
"migration decision" has the meaning given by section 5 (1) of the Migration Act 1958 .
(2) If an appeal from a judgment of the Federal Magistrates Court, relating to a migration decision, is discontinued or dismissed, and the respondent obtains or is entitled to an order for costs, the respondent is entitled to:
(a) the costs mentioned in item 15.1 (b) of Schedule 3 that applied on the date that the appeal was filed; and
(b) any disbursements properly incurred.
(3) A party to an appeal from a judgment of the Federal Magistrates Court relating to a migration decision, may claim as costs and disbursements of the appeal:
(a) if finalised before a final hearing -- an amount that, on the date on which the appeal was started, was set out in item 15.1 (d) of Schedule 3;
(b) if finalised after a final hearing -- an amount that, on the date on which the proceeding was started, was set out in item 15.1 (e) of Schedule 3.