ZHANG v MINISTER OF IMMIGRATION and ANOR HC AK CIV-2012-404-004097

ZHANG v MINISTER OF IMMIGRATION and ANOR HC AK CIV-2012-404-004097

The Tribunal's decision was vitiated by an error of law because it failed to give adequate reasons explaining why, on the evidence before it (including credible and supportive humanitarian and expert evidence), deportation would not be unjust or unduly harsh; the decision is set aside and the matter remitted to a differently constituted Tribunal for rehearing.

Citation
openlaw-af26e40e_6559_4454_8a1e_e74ae414301e.pdf
Parties
Appellant/plaintiff: Hao Zhang; Respondent/second Defendant: Minister of Immigration; First Defendant/tribunal: Immigration and Protection Tribunal
Court
High Court
Jurisdiction
New Zealand
Judgment Date
17 April 2013
Procedural Posture
Appeal Under S245 of the Immigration Act 2009 and Judicial Review of Tribunal Decision / Judgment on Appeal and Judicial Review; Decision Remitted to Tribunal for Rehearing
Outcome
Appeal and judicial review allowed; Tribunal's decision set aside and remitted for rehearing by a differently constituted Tribunal; leave reserved for costs
Legal Topics
Deportation, Judicial Review, Duty to Give Reasons, Reasonableness and Weight of Considerations
Immigration Law Administrative Law Criminal Law Deportation Judicial Review Duty to Give Reasons Reasonableness and Weight of Considerations

Case Brief

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Parties

Hao Zhang

Appellant/plaintiff

Minister of Immigration

Respondent/second Defendant

Immigration and Protection Tribunal

First Defendant/tribunal

Procedural Posture

Appeal Under S245 of the Immigration Act 2009 and Judicial Review of Tribunal Decision / Judgment on Appeal and Judicial Review; Decision Remitted to Tribunal for Rehearing

Legal Issues

  1. 1 Whether the Tribunal gave adequate reasons for finding it would not be unjust or unduly harsh to deport the appellant
  2. 2 Whether the Tribunal erred in law in applying s105(1) and (2) of the Immigration Act 1987
  3. 3 Whether the Tribunal's decision should be quashed and remitted for rehearing

Ratio Decidendi

The Tribunal's decision was vitiated by an error of law because it failed to give adequate reasons explaining why, on the evidence before it (including credible and supportive humanitarian and expert evidence), deportation would not be unjust or unduly harsh; the decision is set aside and the matter remitted to a differently constituted Tribunal for rehearing.

Court Disposition

Appeal and judicial review allowed; Tribunal's decision set aside and remitted for rehearing by a differently constituted Tribunal; leave reserved for costs

Orders

  • Set aside the Immigration and Protection Tribunal's decision confirming the deportation order
  • Remit the matter to the Immigration and Protection Tribunal to be considered afresh by a differently constituted Tribunal