4d54a842-bf18-472e-8a0a-5e074e3462ca.pdf

4d54a842-bf18-472e-8a0a-5e074e3462ca.pdf

Costs were awarded to the Crown because the litigation primarily protected the applicant's private interests, the public interest/refugee context did not displace ordinary costs principles, no authority was cited to justify departure, and the applicant had not established grounds to decline costs; award set at 2B scale $14,272.

Citation
openlaw-9e0b8099_7907_43ee_94f6_153b4c8563b0.pdf
Parties
Applicant: AR; First Respondent: Immigration and Protection Tribunal; Second Respondent: Refugee and Protection Officer
Court
High Court
Jurisdiction
New Zealand
Judgment Date
22 September 2017
Procedural Posture
Immigration Appeal and Judicial Review / Costs Application Following Dismissal of Appeal and Judicial Review
Outcome
Costs awarded to the Crown
Legal Topics
Costs, Judicial Review, Refugee Status Determination, Leave to Appeal
Immigration Law Administrative Law Refugee Law Human Rights Costs Judicial Review Refugee Status Determination Leave to Appeal

Case Brief

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Parties

AR

Applicant

Immigration and Protection Tribunal

First Respondent

Refugee and Protection Officer

Second Respondent

Procedural Posture

Immigration Appeal and Judicial Review / Costs Application Following Dismissal of Appeal and Judicial Review

Legal Issues

  1. 1 Whether costs should be awarded to the Crown following dismissal
  2. 2 Whether the public interest or refugee/human rights context justifies departing from ordinary costs rules
  3. 3 Whether the applicant acted reasonably such that costs should be declined

Ratio Decidendi

Costs were awarded to the Crown because the litigation primarily protected the applicant's private interests, the public interest/refugee context did not displace ordinary costs principles, no authority was cited to justify departure, and the applicant had not established grounds to decline costs; award set at 2B scale $14,272.

Court Disposition

Costs awarded to the Crown

Orders

  • Costs on a 2B basis of $14,272 awarded to the Crown