20 Jun 2019
MINISTER OF IMMIGRATION v WU [2019] NZCA 237
- Citation
- [2019] NZAR 1217
- Court
- Court of Appeal
The Tribunal erred by failing to transparently address and either adopt or disclose prior relevant findings (including those in Guo) that materially bore on the New Zealand citizen child's likely status in China and by refusing to give the appellants an opportunity to respond to information outside the parties' material which it intended to rely on; s228(2) does not impose a duty to seek information but s230 and principles of procedural fairness require disclosure and an opportunity to comment when prejudicial external information is relied on; matter remitted for reconsideration.