7 Nov 2014
X v IMMIGRATION AND PROTECTION TRIBUNAL [2014] NZHC 2779
- Citation
- [2014] NZHC 2779
- Court
- High Court
The Court held the IPT applied the wrong legal test by focusing on the harm of having to pretend to be Muslim rather than assessing the real risk of persecution if the applicant did not pretend; the matter was remitted to the IPT to determine whether refusal to declare Islam or attend religious instruction/prayers would expose the applicant to a real risk of persecution on religious grounds, within the limited scope of review granted by Faire J.