New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Humanitarian grounds under s207

  • 11 Dec 2017

    AM v The Immigration and Protection Tribunal [2017] NZHC 3068

    Citation
    [2017] NZHC 3068
    Court
    High Court

    The Tribunal lawfully and rationally considered and weighed all evidence including the psychologist's report and country material, found no credible basis to conclude the applicant faced a greater risk of mental‑health deterioration on return than if she remained, and therefore correctly concluded there were no exceptional humanitarian circumstances; consequently the High Court declined leave because no arguable question of law or public importance was shown.

    • Deportation
    • Humanitarian grounds under s207
    • Assessment and weight of expert evidence
    • Threshold for leave to appeal/review
    • Country of origin information

  • 1 Dec 2016

    K (CA501/2016) v MINISTER OF IMMIGRATION [2016] NZCA 569

    Citation
    [2016] NZCA 569
    Court
    Court of Appeal

    Leave to appeal was declined because the applicant failed to establish a seriously arguable question of law of general or public importance; the Tribunal correctly considered sentencing notes and the gravity of offending and was not required to identify where the offending sat on a spectrum; the new ground alleging unreasonableness with respect to the child and family raised no question of law and was not appropriately raised on this application.

    • Deportation
    • Humanitarian grounds under s207
    • Leave to appeal under s245
    • Assessment of offending gravity
    • Publication restrictions