Application for security for costs refused in judicial review of visa refusal by non-resident applicant

The High Court refused an application by a government minister seeking security for costs from a non-resident applicant who is challenging the refusal of his visa application by way of judicial review. The court acknowledged that the applicant lives in Pakistan, is unable to pay security for costs, and that the minister had established a prima facie defence, but found that requiring security would effectively prevent the applicant from proceeding with his challenge, as he could not fund it. The decision was based on the need to strike a fair balance, noting the risk that routine security-for-costs orders in visa cases could stifle legitimate challenges and negatively affect standards of decision making in immigration matters. The court therefore exercised its discretion to refuse the application for security for costs, while stating that the applicant should receive his costs for this application, subject to a stay pending the outcome of the overall proceedings.