WK v THE REFUGEE PROTECTION OFFICER, MBIE, AUCKLAND [2018] NZHC 651

WK v THE REFUGEE PROTECTION OFFICER, MBIE, AUCKLAND [2018] NZHC 651 [11 April 2018]NOTE: THE CONFIDENTIALITY OF THE NAME OR IDENTIFYINGPARTICULARS OF THE APPELLANT AND OF HIS OR HER CLAIM ORSTATUS MUST BE MAINTAINED PURSUANT TO S 151 OF THEIMIMGRATION ACT 2009.IN THE HIGH COURT OF NEW ZEALANDAUCKLAND REGISTRYI TE KŌTI MATUA O AOTEAROATĀMAKI MAKAURAU ROHECIV-2017-404-1012[2018] NZHC 651UNDER the Immigration Act 2009, ss 129-131, s 140IN THE MATTER of an appeal of a decision of the RefugeeStatus branch to decline an application forrefugee statusBETWEEN WKApplicantAND THE REFUGEE PROTECTION OFFICER,MBIE, AUCKLANDRespondentHearing: 11 April 2018Appearances: R Pidgeon for the ApplicantS Jerebine and T Burgess for the RespondentJudgment: 11 April 2018ORAL JUDGMENT OF WOODHOUSE JSolicitors / Counsel:Mr R Pidgeon, Barrister, AucklandMr P Pang, Integritas Law Firm, AucklandMs S Jerebine and Ms T Burgess, Crown Law, Wellington[1] This is a results judgment on the application by WK. Having receivedcomprehensive written submissions from the parties, supplemented by oralsubmissions from counsel, I have concluded that interim relief should be granted tothe applicant to remain in place, in broad terms, until the conclusion of the applicant'sappeal to the Court of Appeal.[2] Having indicated to counsel that that was my conclusion, there has just beendiscussion with Ms Jerebine, for the respondent (and in substance for the Crown), andMr Pidgeon, for the applicant. In anticipation that I may have concluded that interimrelief was appropriate, the Crown had drafted the terms of an effective undertaking theCrown was prepared to give, although it is in the circumstances more appropriatelydescribed as the terms of the Crown's agreement.[3] Following that discussion the following terms of the Crown's agreement havebeen formulated and this constitutes the effective result. Those terms are as follows:The Crown will not take any action to deport the applicant until the earliest ofthe following events:(a) 5:00 pm on the first working day following delivery of the judgment ofthe Court of Appeal in appeal CA150/2018; or(b) on discontinuance or dismissal of the appeal for any reason; or(c) on release of the Crown from its agreement by the Court of Appeal onapplication by the Crown in the event of an adjournment, for anyreason, of the current appeal fixture in the Court of Appeal on 17 May2018.For the avoidance of doubt, the Crown's agreement will not in any event extendbeyond the conclusion of the appeal in the Court of Appeal, and whether or notthere is an application for leave to appeal to the Supreme Court.[4] I will provide the reasons for my conclusion that interim relief is appropriatein this case as soon as reasonably possible.[5] Any question of costs in this Court on this application is reserved._________________________________Woodhouse J