21 Nov 2007
XIUFANG XI & ORS V THE CHIEF EXECUTIVE OF THE DEPARTMENT OF LABOUR HC WN CIV-2006-485-000936
- Citation
- openlaw-5fc4a7c3_901b_4993_bcc3_2be712256b51.pdf
- Court
- High Court
The High Court held the NZIS decision and the Residence Review Board determination were infected by legal error because the decision-maker relied on incorrect factual assumptions and neither NZIS nor the Board genuinely assessed the totality of the evidence against the published policy; consequently the appeal is allowed and the matter is remitted to the Residence Review Board with a direction that the applicant had provided acceptable evidence that the nominated funds were transferred and that the Board must reassess accordingly and explain any remaining evidential deficiencies.