New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Leave to appeal under s245

  • 31 Aug 2023

    AP (CHILE) v REFUGEE AND PROTECTION OFFICER [2023] NZHC 2424

    Citation
    [2023] NZHC 2424
    Court
    High Court

    Leave to appeal was granted because the applicant established a seriously arguable question of law: the Tribunal may have applied an incorrect legal test by conflating the Refugee Convention 'real chance of serious harm' standard with the ICCPR 'cruel/degrading treatment' standard and there is limited New Zealand authority on the proper meaning of 'degrading treatment', making the issue of general or public importance; leave for judicial review was declined as the identified issues can be adequately addressed on appeal.

    • Iccpr article 7/cruel, inhuman or degrading treatment
    • Refugee convention real chance of serious harm
    • Leave to appeal under s245
    • Restriction on judicial review under s249
    • Standard of review for factual findings
    • Remittal to tribunal under high court rules r20.19

  • 23 Mar 2018

    AL (NIGERIA) v THE CHIEF EXECUTIVE OF MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT [2018] NZHC 522

    Citation
    [2018] NZHC 522
    Court
    High Court

    The Court dismissed leave applications because the Tribunal had expressly considered the expert evidence and relevant literature, the credibility concerns went beyond any effects of dissociation, the false passport issue was not determinative but the applicant's failure to produce his genuine passport undermined his account, and the absence of a live transcript did not produce demonstrated prejudice or raise an issue of general public importance warranting High Court review.

    • Leave to appeal under s245
    • Restriction on review under s249
    • Credibility and corroboration
    • Mental health and dissociation in testimony
    • Procedural fairness and recording/transcript
    • Use of false passport

  • 25 Jul 2017

    MBIE v NAVNEET SINGH [2017] NZHC 1724

    Citation
    [2017] NZHC 1724
    Court
    High Court

    Leave to appeal was granted because the question whether the Tribunal misinterpreted the scope of s216(1)(b) is a question of law that is capable of serious argument and is of wider public importance given frequent use of s216; accordingly the High Court granted leave to appeal on that question.

    • Deportation
    • Temporary entry class visa
    • S216(1)(b) 'getting affairs in order'
    • Leave to appeal under s245

  • 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

  • 17 Dec 2012

    NABOU V MINISTER OF IMMIGRATION HC AK CIV-2012-404-4215

    Citation
    openlaw-f9c91f0f_5a21_4b1a_8d87_91f1c0e0af84.pdf
    Court
    High Court

    Leave to appeal was refused because the Tribunal properly considered the mandatory s105(2) factors on the evidence, the applicant's complaints were essentially factual or involved non‑material errors (the jury/bench misstatement and minor sentencing note inconsistency), the identified factual errors did not amount in combination to an error of law nor raise questions of general or public importance, and therefore no lawful basis for granting leave under s245(3) was established.

    • Leave to appeal under s245
    • Deportation orders
    • S105(2) considerations
    • Factual findings versus error of law
    • Weight of convictions and sentence