17 Oct 2005
FAATAFA V THE MINISTER OF IMMIGRATION HC CHCH CIV-2005-409-001494
- Citation
- openlaw-51227d52_8264_4b8a_8b86_772f6bf108cb.pdf
- Court
- High Court
The High Court held there was no error of law: the Tribunal had regard to the matters in s105(2) including mitigating factors, was not overwhelmed by the seriousness of the offence, and correctly concluded that while deportation would cause considerable hardship it did not meet the statutory threshold of being unjust or unduly harsh ('considerable hardship' is less than 'unduly harsh'). The appeal was dismissed.