19 Aug 2008
MESAKE EPENISA V MINISTER OF IMMIGRATION HC WN CIV 2008-485-611
- Citation
- openlaw-03e457c9_63e8_461b_be30_e08fa8e066e9.pdf
- Court
- High Court
The Tribunal did not err in law. The evidence did not establish that the two older children were part of the appellant's family or that sufficiently close ties existed to require that their interests be treated as a primary consideration under the UNCRC or ICCPR. Even if their interests had been expressly considered, the lack of evidence of a close bond or material impact meant the proportionality assessment would remain in favour of deportation; accordingly the appeal is dismissed.