JEAN UAN V RESIDENCE REVIEW BOARD AND ORS CA726/2009

JEAN UAN V RESIDENCE REVIEW BOARD AND ORS CA726/2009 7 May 2010IN THE COURT OF APPEAL OF NEW ZEALAND CA726/2009 [2010] NZCA 177BETWEEN JEAN UAN Applicant AND RESIDENCE REVIEW BOARD First Respondent AND MINISTER OF IMMIGRATION Second Respondent AND MINISTER OF LABOUR Third Respondent Counsel: Appellant in Person B Keith for Respondents Judgment: 7 May 2010JUDGMENT OF ARNOLD J The application for review of the Deputy Registrar's decision to refuse the waiver of a filing fee is declined.REASONS[1] Ms Uan, who is presently a resident of Taiwan, wishes to appeal to the High Court against a decision of the District Court. In that context, she made an application for waiver of filing and other fees. The Registrar of the High Court declined her application. Ms Uan then applied for a review of that decision by a Judge. On 28 October 2009 Gendall J denied her application for review.[2] Ms Uan then filed an appeal in this Court against Gendall J's decision and, in conjunction with that, applied for a waiver of the filing fee payable in this Court ($900). Ms Thomson, Deputy Registrar, declined Ms Uan's application for a waiver. Ms Uan now seeks a review by a Judge of that decision. [3] The ground on which Ms Uan's application for waiver was advanced both in the High Court and in this Court was that her appeal concerned a matter of public interest which would not be pursued unless the fee was waived. Presumably the appeal to which she is referring is the appeal against the decision of the District Court. Unfortunately Ms Uan, who is representing herself, did not explain why she says the appeal raises a question of public interest, and the District Court judgment against which she wishes to appeal is not available to this Court. It appears to relate to the refusal of a returning resident's visa. [4] Further, Ms Uan does not suggest that she is unable to pay the filing fee. In fact, in her submissions, Ms Uan says that she has spent several hundred thousand dollars over the course of 12 years in relation to this matter. This suggests that she has the means to pay the fee. [5] In short, Ms Uan has given no reason or explanation to support her claim that the appeal raises matters of public interest, nor has she provided any information as to her financial position. In these circumstances there is no basis on which I could properly overturn the decision of the Deputy Registrar. [6] Accordingly, Ms Uan's application to review the Deputy Registar's decision refusing to waive the payment of the filing fee is declined.Solicitors: Crown Law Office, Wellington for Respondent