LIN v Chief Executive of the Ministry of Business, Innovation and Employment [2022] NZHC 3175

LIN v Chief Executive of the Ministry of Business, Innovation and Employment [2022] NZHC 3175

The IPT decision was set aside because MBIE's failure to supply the 2017 visitor visa application file in breach of s226(2)(b) was a significant procedural error warranting setting aside and remitting the humanitarian appeal to the IPT for rehearing on specified issues, with a partial remittance permitted given the...

Source-derived case information.

Citation
[2022] NZHC 3175
Parties
Applicant/appellant: Youyan Lin; First Respondent: Chief Executive of the Ministry of Business, Innovation and Employment; Second Respondent: Immigration and Protection Tribunal
Court
High Court
Jurisdiction
New Zealand
Judgment Date
30 November 2022
Procedural Posture
Leave to Appeal and Judicial Review Under the Immigration Act 2009 / Consent Orders Remitting Humanitarian Appeal to IPT After Leave Granted
Outcome
IPT decision set aside by consent and remitted to the IPT for further hearing and determination
Legal Topics
Fraudulent Visa Application, Deportation, Humanitarian Appeal, Procedural Fairness, Disclosure of Documents, Remittance, Leave to Appeal
Immigration Law Administrative Law Fraudulent Visa Application Deportation Humanitarian Appeal Procedural Fairness Disclosure of Documents Remittance +1 more

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Summary, issues, holding and outcome

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Parties

Youyan Lin

Applicant/appellant

Chief Executive of the Ministry of Business, Innovation and Employment

First Respondent

Immigration and Protection Tribunal

Second Respondent

Procedural Posture

Leave to Appeal and Judicial Review Under the Immigration Act 2009 / Consent Orders Remitting Humanitarian Appeal to IPT After Leave Granted

Legal Issues

  1. 1 Whether the IPT erred in dismissing the applicant's explanations for his fraudulent 2017 visitor visa application
  2. 2 Whether the IPT erred by determining the appeal without being provided with the 2017 visitor visa application file in breach of s226(2)(b)
  3. 3 Whether the IPT decision should be set aside for material procedural error

Ratio Decidendi

The IPT decision was set aside because MBIE's failure to supply the 2017 visitor visa application file in breach of s226(2)(b) was a significant procedural error warranting setting aside and remitting the humanitarian appeal to the IPT for rehearing on specified issues, with a partial remittance permitted given the applicant's undertaking that his exceptional humanitarian circumstances remain unchanged.

Court Disposition

IPT decision set aside by consent and remitted to the IPT for further hearing and determination

Orders

  • Set aside the decision of the Immigration and Protection Tribunal dated 5 November 2021
  • Remit the humanitarian appeal to the Immigration and Protection Tribunal for further hearing and determination of: (a) whether the applicant's established exceptional circumstances of a humanitarian nature render his deportation unjust or unduly hard; and (b) if so, whether in light of those circumstances it would...