AR v IMMIGRATION AND PROTECTION OFFICER [2017] NZHC 132

AR v IMMIGRATION AND PROTECTION OFFICER [2017] NZHC 132

Leave to appeal and leave to commence judicial review granted limited to the serious legal question whether credibility assessments in refugee claims require a bespoke legal standard distinct from ordinary factual credibility assessments; the question is of general or public importance meriting High Court...

Source-derived case information.

Citation
[2017] NZHC 132
Parties
Applicant: AR; First Respondent: Immigration and Protection Officer; Second Respondent: Refugee and Protection Officer
Court
High Court
Jurisdiction
New Zealand
Judgment Date
10 February 2017
Procedural Posture
Refugee Status Determination; Leave to Appeal and Judicial Review / Leave Granted to Appeal and to Commence Judicial Review on Point of Law
Outcome
Leave to appeal under s 245 and leave to commence judicial review under s 249 granted in respect of a question of law regarding the proper approach to credibility assessments in refugee claims; leave to judicially review on natural justice timing ground refused; further evidence application deferred to trial Judge.
Legal Topics
Credibility Assessment, Non Refoulement, Judicial Review, Leave to Appeal, Natural Justice
Immigration Law Refugee Law Administrative Law Human Rights Law Credibility Assessment Non Refoulement Judicial Review Leave to Appeal +1 more

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Parties

AR

Applicant

Immigration and Protection Officer

First Respondent

Refugee and Protection Officer

Second Respondent

Procedural Posture

Refugee Status Determination; Leave to Appeal and Judicial Review / Leave Granted to Appeal and to Commence Judicial Review on Point of Law

Legal Issues

  1. 1 Whether the Tribunal erred in law in its approach to credibility assessments in refugee claims
  2. 2 Whether the Tribunal failed to take into account international non-refoulement obligations
  3. 3 Whether there was a breach of natural justice because of inadequate time to obtain evidence

Ratio Decidendi

Leave to appeal and leave to commence judicial review granted limited to the serious legal question whether credibility assessments in refugee claims require a bespoke legal standard distinct from ordinary factual credibility assessments; the question is of general or public importance meriting High Court consideration. Leave to judicially review on the natural justice timing ground refused. Application to adduce further evidence to be determined by the hearing Judge.

Court Disposition

Leave to appeal under s 245 and leave to commence judicial review under s 249 granted in respect of a question of law regarding the proper approach to credibility assessments in refugee claims; leave to judicially review on natural justice timing ground refused; further evidence application deferred to trial Judge.

Orders

  • Grant leave to appeal to the High Court under s 245 limited to the question of law concerning how credibility assessments are to be conducted in refugee claims
  • Grant leave to commence judicial review proceedings under s 249 limited to the same question of law