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.