3 Feb 2022
MENG v CHIEF EXECUTIVE, MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT [2022] NZHC 82
- Citation
- [2022] NZHC 82
- Court
- High Court
The statement of claim was struck out because it disclosed no reasonably arguable cause of action: the challenged border policies are high-level, non-justiciable policy matters lacking a legal yardstick; the policies post-date the applicant's declined visa and therefore could not render that visa decision unlawful; NZBORA and cited international instruments do not establish enforceable rights for a non-citizen resident in Taiwan in this context; the discrimination claim failed because immigration law expressly contemplates differential treatment of non-citizens and no prohibited ground was id…