AR (Nigeria) v Refugee and Protection Officer

[2019] NZHC 1812

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2019-404-000269 CIV-2019-404-000272

[2019] NZHC 1812

UNDER

Section 249 of the Immigration Act 2009

IN THE MATTER

of applications for leave to appeal and judicially review a decision of the Immigration and Protection Tribunal

BETWEEN

AR (NIGERIA)
Applicant

AND

REFUGEE AND PROTECTION OFFICER

First Respondent

IMMMIGRATION AND PROTECTION TRIBUNAL

Second Respondent

Hearing:	On the papers
Judgment:	30 July 2019

JUDGMENT OF DOWNS J

(Costs)

This judgment was delivered by me on Tuesday, 30 July 2019 at 1 pm pursuant to r 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Solicitors/Counsel:

McLeod & Associates, Auckland. Crown Law, Wellington.

GH Allan, Wellington.

AR (NIGERIA) v REFUGEE AND PROTECTION OFFICER [2019] NZHC 1812 [30 July 2019]

[1]    AR was declined refugee and protected person status. AR appealed to the Immigration and Protection Tribunal. The Tribunal dismissed AR’s appeal. AR sought permission to appeal and judicially review the Tribunal’s decision—but then abandoned his application for permission (because AR will seek, afresh, refugee and protected person status). The Crown seeks 2B costs of $3,343.50 in relation to AR’s abandoned application.

[2]    AR acknowledges abandonment normally attracts costs.1 AR resists costs as he was legally aided and indigent. AR also contends he has a good case for refugee and protected person status.

[3]    I award costs. The merit of AR’s fresh claim is for another day. AR is no longer legally aided. Inability to pay costs is ordinarily relevant to enforcement, not liability.

……………………………..

Downs J

1      High Court Rules 2016, r 15.23.