K v Immigration and Protection Tribunal

[2014] NZHC 582

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV 2013-404-3520 [2014] NZHC 582

BETWEEN

K

Plaintiff

AND

IMMIGRATION AND PROTECTION TRIBUNAL

First Defendant

AND

THE CHIEF EXECUTIVE OF THE MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT Second Defendant

Hearing:	26 March 2014
Counsel:	Plaintiff in Person R E Savage for Second Respondent
Judgment:	26 March 2014

JUDGMENT OF SIMON FRANCE J

[1]      K seeks to review a decision of the Immigration and Protection Tribunal declining his application for protected person status.  Pursuant to s 249(1B) of the Immigration Act 2009, leave of this Court is required to bring such proceedings.

[2]      The second defendant seeks security for costs in the sum of $5,000.  It bases this on the extensive history of litigation Mr K has embarked upon since he first claimed refugee status in 2008.  As a consequence cost orders to date of $19,860.83

have been made.  Of this $200 has been paid.

K v IMMIGRATION AND PROTECTION TRIBUNAL [2014] NZHC 582 [26 March 2014]

[3]      Mr K appeared in person.  He stressed the importance of the proceedings to him, the international recognition of the importance of access to courts on refugee matters and his current inability to pay.  Mr K has a wife and child in Australia and any money he has goes to them.

[4]      The  application  by  the  second  respondent  is  fairly  brought.    However, because an order for security would determine the matter, and because only one hour will be needed to hear a leave application, and the necessary documentation is already before the Court, I intend to decline the application.   It can be revisited if leave to review is granted.

[5]      The following timetable applies:

(a)       Mr K  is  to  file  his  submissions  by  25 April.     He  is  directed  to s 249(1C) of the Act which sets out the criteria to be addressed;

(b)      the second defendant is to file by 16 May 2014;

(c)       a one hour fixture to be allocated as soon as possible after that.

Simon France J

Solicitors:

Meredith Connell, Crown Solicitors, Auckland