8 Jun 2022
DAVID JOHN HIGGS v MINISTER OF IMMIGRATION [2022] NZHC 1333
- Citation
- [2022] NZHC 1333
- Court
- High Court
The Court dismissed the plaintiffs' judicial review challenges: Y3.5.1(a)(ii) was not ultra vires in the context of temporary entry class visas; the Minister lawfully certified regulation 9A under s401A and instruction E13 under s22/s24; the Minister and officials did take account of family and child interests and Bill of Rights considerations at an appropriate level; the plaintiffs failed to prove a material discriminatory impact under s19 because there was insufficient evidence of disproportionate effect and the measures were lawfully justified and administratively necessary.
- Suspension of visa applications
- Lapsing of visa applications
- Immigration instructions certification
- Ultra vires challenge
- Bill of rights act s19 discrimination
- Interpretation of statutory powers