AROH v DEPARTMENT OF LABOUR HC WN CIV-2010-485-2266

AROH v DEPARTMENT OF LABOUR HC WN CIV-2010-485-2266

The High Court lacked jurisdiction because the appellant did not pursue the statutory route of appeal to the Removal Review Authority under s47 and there is no RRA decision for the Court to review; execution of the removal order for a prisoner requires a Ministerial release under Parole Act s55 as applied by Immigration Act 2009 s178(3) and there is no evidence of such release; an application for judicial review would be time barred under s146A absent special circumstances; therefore the appeal is dismissed for lack of jurisdiction.

Citation
openlaw-f227b130_2c1c_496c_96f8_21040bbec3f6.pdf
Parties
Intended Appellant: Frank Onyebu Aroh; Intended Respondent: Department of Labour
Court
High Court
Jurisdiction
New Zealand
Judgment Date
15 February 2011
Procedural Posture
Removal Order Challenge Under Immigration Act 1987 / Interlocutory Application for Leave to Appeal Out of Time; Preliminary Jurisdictional Hearing
Outcome
Appeal dismissed for lack of jurisdiction
Legal Topics
Removal Order, Deportation, Judicial Review, Jurisdiction, Appeal Time Limits, Ministerial Discretion Under Parole Act, Bill of Rights Claim
Immigration Law Administrative Law Criminal Law Parole Law Removal Order Deportation Judicial Review Jurisdiction +3 more

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Parties

Frank Onyebu Aroh

Intended Appellant

Department of Labour

Intended Respondent

Procedural Posture

Removal Order Challenge Under Immigration Act 1987 / Interlocutory Application for Leave to Appeal Out of Time; Preliminary Jurisdictional Hearing

Legal Issues

  1. 1 Whether the High Court has jurisdiction to hear a direct appeal against a removal order absent a Removal Review Authority decision
  2. 2 Timeliness and route of appeal under s47(1)-(2) Immigration Act 1987
  3. 3 Whether the removal order could be executed while appellant is serving a sentence without Ministerial release under Parole Act s55 as applied by Immigration Act 2009 s178(3) and s432

Ratio Decidendi

The High Court lacked jurisdiction because the appellant did not pursue the statutory route of appeal to the Removal Review Authority under s47 and there is no RRA decision for the Court to review; execution of the removal order for a prisoner requires a Ministerial release under Parole Act s55 as applied by Immigration Act 2009 s178(3) and there is no evidence of such release; an application for judicial review would be time barred under s146A absent special circumstances; therefore the appeal is dismissed for lack of jurisdiction.

Court Disposition

Appeal dismissed for lack of jurisdiction

Orders

  • Appeal dismissed