12 Dec 2017
YLs (CA174/2017) v REFUGEE AND PROTECTION OFFICER [2017] NZCA 582
- Citation
- [2017] NZCA 582
- Court
- Court of Appeal
The Court held that the Immigration Act 2009 confines consideration of claimant good faith to the express statutory provisions (eg s134, s140) and does not permit a Tribunal to treat good faith as a mandatory consideration on appeals where the claim has been accepted for consideration; where the Act is silent the Tribunal must act consistently with the Refugee Convention, which does not permit considering an applicant's good faith as a bar to recognition; the High Court erred in importing the Lazarus (fraud unravels everything) principle to require a good faith inquiry in those circumstances.