PARMANADAN V MINISTER OF IMMIGRATION HC AK CIV-2010-404-1589

PARMANADAN V MINISTER OF IMMIGRATION HC AK CIV-2010-404-1589

Despite the filing of an appeal which may affect this Court's jurisdiction, the Court extended the interim order to 9:30am on 30 March 2010 to maintain oversight pending possible prompt action by the Court of Appeal; any further habeas corpus application will be dealt with under the time limits in the Habeas Corpus Act 2001 and will be opposed by Immigration New Zealand.

Citation
openlaw-893dff8d_e562_4071_8fbc_47f2282c9c9c.pdf
Parties
First Plaintiff: Parmanadan Parmanadan; Second Plaintiff: Kausalya Nadan; Third Plaintiff: Avikil Nadan; Fourth Plaintiff: Shivneel Nadan; Fifth Plaintiff: Soneel Nadan; First Defendant: Minister of Immigration; Second Defendant: Attorney-General
Court
High Court
Jurisdiction
New Zealand
Judgment Date
26 March 2010
Procedural Posture
Judicial Review / Interim Relief Hearing; Appeal Lodged
Outcome
Interim order extended to 9:30am on 30 March 2010 pending potential action by the Court of Appeal; further habeas corpus applications to be dealt with under the Habeas Corpus Act 2001 and will be opposed by Immigration New Zealand.
Legal Topics
Interim Relief, Stay, Appeal Jurisdiction, Habeas Corpus Applications, Detention Conditions, Bail, Case Management
Immigration Law Judicial Review Administrative Law Habeas Corpus Detention Law Interim Relief Stay Appeal Jurisdiction +4 more

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Parties

Parmanadan Parmanadan

First Plaintiff

Kausalya Nadan

Second Plaintiff

Avikil Nadan

Third Plaintiff

Shivneel Nadan

Fourth Plaintiff

Soneel Nadan

Fifth Plaintiff

Minister of Immigration

First Defendant

Attorney-General

Second Defendant

Procedural Posture

Judicial Review / Interim Relief Hearing; Appeal Lodged

Legal Issues

  1. 1 Whether this Court retains jurisdiction after an appeal is filed
  2. 2 Whether to extend the interim order pending possible consideration by the Court of Appeal
  3. 3 Whether a fresh habeas corpus application may be entertained and subject to statutory time limits

Ratio Decidendi

Despite the filing of an appeal which may affect this Court's jurisdiction, the Court extended the interim order to 9:30am on 30 March 2010 to maintain oversight pending possible prompt action by the Court of Appeal; any further habeas corpus application will be dealt with under the time limits in the Habeas Corpus Act 2001 and will be opposed by Immigration New Zealand.

Court Disposition

Interim order extended to 9:30am on 30 March 2010 pending potential action by the Court of Appeal; further habeas corpus applications to be dealt with under the Habeas Corpus Act 2001 and will be opposed by Immigration New Zealand.

Orders

  • Interim order extended to 9:30am on Tuesday, 30 March 2010.