New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Leave to appeal / exceptional circumstances
  • 2 Apr 2020

    KRUTI PATEL v MINISTER OF IMMIGRATION [2020] NZSC 27

    Citation
    [2020] NZSC 27
    Court
    Supreme Court

    The Supreme Court refused leave because the applicant could not demonstrate sufficient prospect of success on the core issues (the concealment of the divorce proceedings as relevant information and lack of factual basis for humanitarian or counsel-error claims) and failed to show the rare and exceptional circumstances required for a direct appeal from the High Court; further evidence was not admissible at the leave stage and costs were awarded to the respondent.

    • Deportation
    • Concealment of relevant information
    • Humanitarian grounds
    • Natural justice (counsel error)
    • Leave to appeal / exceptional circumstances