NM (Fiji) v Minister of Immigration

In the matter of NM (Fiji) v Minister of Immigration, the applicant, NM, who was subject to a deportation order, sought leave to appeal a decision of the court. The court had to determine whether NM could adduce further evidence and whether the Minister of Immigration was entitled to his reasonable costs and disbursements. This case involved the interpretation and application of the High Court Rules and the Immigration Act 2009. The primary legal issue was whether the court should award costs to the Minister of Immigration, and if so, whether these costs could be waived due to NM's financial hardship.

The court considered the rules governing the award of costs in the High Court. It noted that pursuant to Rule 14.2(1), a party who fails with respect to a proceeding or an interlocutory application should pay costs to the party who succeeds. Rule 14.7 allows for the refusal or reduction of costs if certain circumstances apply, but none of these applied in this case. The court emphasised that financial hardship alone is not a sufficient reason to waive costs, and it typically requires a sworn affidavit of the party's means. In this instance, NM did not provide any supporting affidavit or challenge the quantum of costs claimed by the Minister. Despite acknowledging NM's difficult circumstances, the court concluded that there was no proper or principled basis to refuse the award of costs to the Minister.

The court awarded costs against NM and in favour of the Minister in the sum of $9,440.50 together with disbursements of $486.32. The judgment underscored the importance of adhering to the costs regime, noting that while the court has discretion in awarding costs, it is not unfettered and must be exercised in accordance with the rules.