23 Mar 2018
WK v THE REFUGEE PROTECTION OFFICER, MBIE, AUCKLAND [2018] NZHC 514
- Citation
- [2018] NZHC 514
- Court
- High Court
The RPO did not err in law in applying s140(3); the fourth claim (or parts of it) legitimately fell within s140(3) as repeating earlier claims and as manifestly unfounded/clearly abusive in the context of the applicant's immigration history and recent tribunal findings; the RPO was entitled to rely on prior Tribunal credibility findings under s141(2); no breach of natural justice arose from deciding the jurisdictional/s140(3) issue on the papers after giving notice and opportunity to respond; judicial review dismissed.