XIAO QIONG HUANG AND ORS V THE MINISTER OF IMMIGRATION AND ANOR SC 74/2008

XIAO QIONG HUANG AND ORS V THE MINISTER OF IMMIGRATION AND ANOR SC 74/2008

The Supreme Court granted leave and framed the appeal to determine (1) what mandatory considerations and standards under the Immigration Act 1987 govern removal of overstayer parents of New Zealand-resident children, (2) what processes of hearing and inquiry are required, (3) the appropriate approach to judicial...

Source-derived case information.

Citation
SC 74/2008
Parties
First Appellant: XIAO QIONG HUANG; Second Appellant: YONG MING CUI; Third Appellant: JARVIS CUI; First Respondent: THE MINISTER OF IMMIGRATION; Second Respondent: THE ATTORNEY-GENERAL
Court
Supreme Court
Jurisdiction
New Zealand
Judgment Date
4 December 2008
Procedural Posture
Appeal to the Supreme Court / Leave to Appeal Granted; Appeal to Address Approved Grounds
Outcome
Leave to appeal granted; the Court approved specific grounds of appeal relating to mandatory considerations, hearing processes, judicial review approach and relief
Legal Topics
Mandatory Considerations, Procedural Fairness, Removal Orders, Best Interests of the Child, Standards of Review
Immigration Law Administrative Law Family Law Judicial Review Mandatory Considerations Procedural Fairness Removal Orders Best Interests of the Child +1 more

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Parties

XIAO QIONG HUANG

First Appellant

YONG MING CUI

Second Appellant

JARVIS CUI

Third Appellant

THE MINISTER OF IMMIGRATION

First Respondent

THE ATTORNEY-GENERAL

Second Respondent

Procedural Posture

Appeal to the Supreme Court / Leave to Appeal Granted; Appeal to Address Approved Grounds

Legal Issues

  1. 1 What mandatory considerations and/or standard apply under the Immigration Act 1987 when ordering or implementing removal of overstayer parent(s) of a New Zealand-resident child
  2. 2 What processes of hearing and inquiry apply to such decisions
  3. 3 What approach courts should adopt to judicially review such decisions

Ratio Decidendi

The Supreme Court granted leave and framed the appeal to determine (1) what mandatory considerations and standards under the Immigration Act 1987 govern removal of overstayer parents of New Zealand-resident children, (2) what processes of hearing and inquiry are required, (3) the appropriate approach to judicial review of such decisions, and (4) what relief may follow; leave was granted to resolve those legal questions.

Court Disposition

Leave to appeal granted; the Court approved specific grounds of appeal relating to mandatory considerations, hearing processes, judicial review approach and relief

Orders

  • Leave to appeal is granted.
  • What mandatory considerations and/or standard (if any) apply to a decision under the Immigration Act 1987 to order and/or to implement the removal from New Zealand of the overstayer parent(s) of a New Zealand-resident child, in particular a child who is a New Zealand citizen?