18 Oct 2011
IBRAHIM V ASSOCIATE MINISTER OF IMMIGRATION HC WN CIV-2011-485-1142
- Citation
- openlaw-2044c414_6884_41ca_9887_734c6b8458a3.pdf
- Court
- High Court
Assuming the applicant's factual allegations, the statutory bar in s 187(8) of the Immigration Act 2009 (which precludes review of residence visa refusals for persons outside New Zealand) presents a substantial obstacle to the success of the claim; balancing the applicant's interest in access to the courts against the respondent's interest in protection from unjustified overseas litigation, the balance favors ordering security for costs; accordingly the court ordered the applicant to pay $5,000 into court as security for costs and stayed further steps until payment is made.