DB (Pakistan) v Refugee Protection Officer

[2021] NZHC 3568

NOTE: THE CONFIDENTIALITY OF THE NAME OR IDENTIFYING PARTICULARS OF THE APPELLANT AND OF HIS CLAIM OR STATUS MUST BE MAINTAINED PURSUANT TO S 151 OF THE IMMIGRATION ACT 2009.  SEE

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2021-404-1654

[2021] NZHC 3568

UNDER

section 245 of the Immigration Act 2009

IN THE MATTER

of an application for leave to appeal proceedings relating to a decision of the Immigration and Protection Tribunal

BETWEEN

DB (Pakistan) Applicant

AND

REFUGEE PROTECTION OFFICER

Respondent

Continued …

Hearing:

On the papers

Counsel:

T Mukusha and M Zhou for the Appellant

C Paterson and P O’Boyle for the Refugee and Protection Officer in both proceedings

V McCall and C Wrightson for The Immigration and Protection Tribunal in CIV-2021-404-1655

Judgment:

20 December 2021

JUDGMENT OF GAULT J

(Costs)

DB (Pakistan) v REFUGEE PROTECTION OFFICER [2021] NZHC 3568 [20 December 2021]

Continued …

CIV-2021-404-1655

UNDER

the Judicature Amendment Act 1972 and the Immigration Act 2009

IN THE MATTER

of a judicial review of a decision of the Immigration and Protection Tribunal

BETWEEN

DB (Pakistan) Applicant

AND

THE IMMIGRATION AND PROTECTION TRIBUNAL

First Respondent

REFUGEE PROTECTION OFFICER

Second Respondent

This judgment was delivered by me on 20 December 2021 at 4:00 pm pursuant to r 11.5 of the High Court Rules 2016.

Registrar/Deputy Registrar

……………………………………

[1]                 The respondent Refugee and Protection Officer seeks costs following the applicant’s discontinuance of its applications for leave to appeal and bring judicial review proceedings in respect of a decision of the Immigration and Protection Tribunal.

[2]The respondent seeks 2B costs of $5,258 plus disbursements of $50.

[3]                 In response, counsel for the applicant has simply attached an email from the applicant indicating difficulties with payment but not disputing the costs claimed.

[4]                 The respondent is entitled to costs on the applications for leave up to and including the discontinuance. The proceedings were categorised 2B and the respondent is entitled to the costs sought.

Result

[5]The respondent is entitled to costs and disbursements totalling $5,308.

Gault J

Solicitors:

Mr T Mukusha and Ms M Zhou, Senthil and Mukusha, Auckland ([email protected]; [email protected])

Ms V McCall and Ms C Wrightson, Crown Law, Wellington ([email protected]; [email protected])

Ms C Paterson and Mr P O’Boyle, Meredith Connell, Auckland ([email protected]; patrick.o’[email protected])