H (SC 104/2020) v MINISTER OF IMMIGRATION [2021] NZSC 28
Leave to appeal was granted because the matters raised were of sufficient importance and raised a real question whether the Court of Appeal was correct to dismiss the appeal; the Supreme Court therefore approved the specific question for determination by the Court.
Source-derived case information.
- Citation
- [2021] NZSC 28
- Parties
- Applicant: H (confidential); Respondent: Minister of Immigration
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 19 March 2021
- Procedural Posture
- Immigration Appeal; Judicial Review / Leave to Appeal Granted by the Supreme Court; Substantive Appeal Not Finally Determined
- Outcome
- Leave to appeal granted by the Supreme Court; approved question set to determine whether the Court of Appeal was correct to dismiss the appeal.
- Legal Topics
- Leave to Appeal, Confidentiality Under S151 Immigration Act 2009, Correctness of Court of Appeal Decision, Procedural Fairness
Source-derived case record
Summary, issues, holding and outcome
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Parties
H (confidential)
Applicant
Minister of Immigration
Respondent
Procedural Posture
Immigration Appeal; Judicial Review / Leave to Appeal Granted by the Supreme Court; Substantive Appeal Not Finally Determined
Legal Issues
- 1 Whether the Court of Appeal was correct to dismiss the appellant's appeal
- 2 Whether leave to appeal should be granted by the Supreme Court
- 3 Application and effect of s151 Immigration Act 2009 confidentiality requirement
Ratio Decidendi
Leave to appeal was granted because the matters raised were of sufficient importance and raised a real question whether the Court of Appeal was correct to dismiss the appeal; the Supreme Court therefore approved the specific question for determination by the Court.
Court Disposition
Leave to appeal granted by the Supreme Court; approved question set to determine whether the Court of Appeal was correct to dismiss the appeal.
Orders
- Leave to appeal granted
- Approved question: whether the Court of Appeal was correct to dismiss the appeal
Full Case Text
Judgment text and source record
1 paragraphs
H (SC 104/2020) v MINISTER OF IMMIGRATION [2021] NZSC 28 [19 March 2021]NOTE: THE CONFIDENTIALITY OF THE NAME OR IDENTIFYINGPARTICULARS OF THE APPLICANT AND OF HIS CLAIM OR STATUSMUST BE MAINTAINED PURSUANT TO S 151 OF THE IMMIGRATION ACT2009. SEEhttp://www.legislation.govt.nz/act/public/2009/0051/latest/DLM1440836.htmlIN THE SUPREME COURT OF NEW ZEALANDI TE KŌTI MANA NUISC 104/2020[2021] NZSC 28BETWEEN H (SC 104/2020)ApplicantAND MINISTER OF IMMIGRATIONRespondentHearing: 12 March 2021Court: Winkelmann CJ, Glazebrook and Williams JJCounsel: R E Harrison QC for ApplicantR A Kirkness and E G R Dowse for RespondentJudgment: 19 March 2021JUDGMENT OF THE COURTA Leave to appeal is granted (H v The Minister of Immigration[2020] NZCA 562).B The approved question is whether the Court of Appeal wascorrect to dismiss the appeal.____________________________________________________________________Solicitors:Mark Lee Lawyers, Auckland for ApplicantCrown Law Office, Wellington for Respondent