5 Nov 2019
H v THE MINISTER OF IMMIGRATION [Redacted] [2019] NZHC 2870
- Citation
- [2019] NZHC 2870
- Court
- High Court
A5.30 is a lawful immigration instruction certified under s22 forming part of a legitimate character test: association or membership of organisations responsible for gross human rights abuses rationally informs individual character and may lawfully render an applicant normally ineligible for residence; the deeming effect is permissible given evidentiary constraints and is qualified by A5.30.1(b) which permits immigration officer discretion where satisfied beyond doubt that involvement was minimal or remote; the provision does not impose an unlawful reverse onus and the Minister was not requir…