AR v Immigration and Protection Tribunal

[2018] NZHC 923

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2015-404-003142

[2018] NZHC 923

UNDER

s 249B of the Immigration Act 2009 and the Judicature Amendment Act 1972

IN THE MATTER

of an application for leave to appeal to the Court of Appeal

BETWEEN

AR
Applicant

AND

IMMIGRATION AND PROTECTION TRIBUNAL

First Respondent

REFUGEE AND PROTECTION OFFICER

Second Respondent

Hearing:	On the papers
Judgment:	3 May 2018

COSTS JUDGMENT OF DOWNS J

This judgment was delivered by me on Thursday, 3 May 2018 at 11 am pursuant to r 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Solicitors:

Meredith Connell, Auckland. Copy to: Applicant

AR v IMMIGRATION AND PROTECTION TRIBUNAL [2018] NZHC 923 [3 May 2018]

[1]    On 4 December 2017, I dismissed AR’s application for leave to appeal my earlier judgment of 24 August 2017.1 On 13 December 2017, the Crown sought (2B) costs of $5,746.50 in relation to that dismissal.2

[2]    AR has done nothing in relation to the application. On 26 March 2018, the case officer reminded AR his response was due in January 2018. AR told the case officer he would “speak to his lawyer” and “file a reply next month”. AR did not have a lawyer at any stage of the proceedings; the reference may well be to his McKenzie friend. In any event, April came. And went. I remain without submissions from AR on costs.

[3]    The Crown was successful in resisting the application for leave to appeal. So, it is presumptively entitled to costs. Nothing exists to displace that presumption.

The mere fact AR sought refugee status is not sufficient.3

[4]Costs are awarded to the Crown of $5,746.50.

……………………………..

Downs J

1      AR v Immigration and Protection Tribunal [2017] NZHC 2982.

2      This sum includes disbursements.

3      See, for example, RM v Immigration and Protection Tribunal [2016] NZHC 1701.