23 Sept 2005
AHMADZAI V THE ATTORNEY-GENERAL HC AK CIV-2004-404-007105
- Citation
- openlaw-d5182564_be92_4621_be82_9920e695f65f.pdf
- Court
- High Court
The Minister erred in law by failing to apply the correct test for ordinary residence (whether the applicant voluntarily adopted New Zealand as his abode for settled purposes) and by giving undue weight to departmental policy about absence durations and to absence as determinative; the decision declining citizenship was not reasonably open on the evidence and is quashed and remitted for reconsideration.