Kaur v Minister of Immigration

[2017] NZHC 1363

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2016-404-001430 [2017] NZHC 1363

IN THE MATTER

of an application for leave to appeal under

s 245 of the Immigration Act 2009

BETWEEN

KULJINDER KAUR First Applicant

PIARA SINGH Second Applicant

HARBANS KAUR Third Applicant

AND

MINISTER OF IMMIGRATION Respondent

Judgment:                21 June 2017

JUDGMENT OF COURTNEY J

This judgment was delivered by Justice Courtney on 21 June 2017 at 12 noon

pursuant to R 11.5 of the High Court Rules

Registrar / Deputy Registrar

Date……………………….

KAUR & ORS v MINISTER OF IMMIGRATION [2017] NZHC 1363 [21 June 2017]

[1]      In my decision of 16 December 2016 I refused leave for the applicants to appeal the decision of the Immigration and Protection Tribunal dismissing their appeals against liability for deportation.1     The respondent, the Minister of Immigration, seeks costs.

[2]      This proceeding was categorised as 2 for the purposes of costs.   In written submissions at the time of the substantive hearing the Minister signalled his intention to seek costs on a 2B basis in the event that the application failed. The applicants did not address the issue of costs.  The Minister has now requested that a costs order be made.   His memorandum addressing this request was forwarded to the applicants’ counsel but she no longer has instructions.

[3]      In the circumstances, the Minister should have a costs order.  There are to be costs payable on a 2B basis in accordance with the schedule attached to counsel’s memorandum.     These  total  $6,132.50,  together  with  disbursements  totalling

$1,012.53.

P Courtney J

1      Kaur v Minister of Immigration [2016] NZHC 3110.