17 Nov 2009
MISTRY V MINISTER OF IMMIGRATION HC WN CIV 2009-485-1610
- Citation
- openlaw-0de3db5b_932d_4c90_ac62_846690dee093.pdf
- Court
- High Court
The High Court held that the Tribunal did not err in law: it properly exercised the broad discretion under s22(4), correctly applied s22(5) (economic hardship alone does not necessarily meet the unjust or unduly harsh threshold), evaluated the s22(6) factors including family circumstances and policy considerations, and its factual findings were open on the evidence and not so unreasonable as to amount to an error of law; the appeal was dismissed.