23 Sept 2016
BY (CHINA) v A REFUGEE AND PROTECTION OFFICER [2016] NZHC 2244
- Citation
- [2016] NZAR 1595
- Court
- High Court
The Tribunal applied the correct legal tests (human‑rights approach and "real chance" standard), found no legislative authority for compulsory sterilisation but accepted coercive practices can occur; on the evaluative assessment of country information and the applicants' urban, financially able circumstances there was no real chance of forcible sterilisation or similar invasive procedures, so no error of law was established and leave to appeal or to seek judicial review is refused.
- Forced sterilisation and family planning policy
- Refugee status – article 1a(2)
- Leave to appeal (s245)
- Judicial review leave (s249)
- Procedural fairness
- Country information assessment