22 Jul 2020
MINISTER OF IMMIGRATION v Q [2020] NZCA 288
- Citation
- [2020] NZCA 288
- Court
- Court of Appeal
Non-culpability (absence of fault) is not an "exceptional circumstance of a humanitarian nature" because it is not a consequence or effect of deportation; non-culpability is nevertheless relevant to the subsequent balancing whether deportation would be unjust or unduly harsh under s 207(1)(a) and to the public interest assessment under s 207(1)(b); Tribunal's prior approach of treating non-culpability as part of the exceptional humanitarian circumstance was erroneous and the matter is remitted for reconsideration accordingly.