8 Oct 2018
PATEL v MINISTER OF IMMIGRATION [2018] NZHC 2616
- Citation
- [2018] NZHC 2616
- Court
- High Court
The High Court held as a matter of law that 'concealed' relevant information under ss158(1)(b)(ii) and 202(ca) is determined objectively (applicant knew of objectively relevant information and failed to disclose it) and no subjective intention to conceal is required; further, an applicant's intent or culpability need not be considered when determining whether there are 'exceptional circumstances of a humanitarian nature' under s207 (intent may be relevant only in the subsequent unjust/unduly harsh balancing); the Tribunal did not err on these legal points, and the further evidence was not adm…