New Zealand Case Law: Decisions & Judgments

Topic

Temporary entry class visa

Legal area

Court

24 Nov 2020

ARGOS FROYANES LIMITED v CHIEF EXECUTIVE OF IMMIGRATION NEW ZEALAND [2020] NZHC 3109

Citation

[2020] NZHC 3109
Court

High Court

Section 186(3) of the Immigration Act 2009, as interpreted by recent High Court authority (Liu, Kaur (2016), AD), bars review proceedings by persons outside New Zealand in respect of refusals of temporary entry class visas even where the decision is legally or procedurally flawed; accordingly AFL's proceeding was barred and the interlocutory application failed.
15 May 2020

AD v CHIEF EXECUTIVE OF THE MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT [2020] NZHC 1010

Citation

[2020] NZHC 1010
Court

High Court

The Court refused extension of time: the applicant failed to establish special circumstances to extend the 28 day limit under s247 for challenging the 28 July 2017 decision given the lengthy unexplained delay and weak merits. The July 2017 waiver-suspension and the September 2019 visa refusal are distinct decisions. Section 186(3)(a) bars judicial review of the refusal to grant a temporary entry class visa to a person outside New Zealand, and no error of law was pleaded in the 2019 decision to take it outside s186.
9 Apr 2018

KUMAR v IMMIGRATION AND PROTECTION TRIBUNAL & OR [2018] NZHC 621

Citation

[2018] NZHC 621
Court

High Court

Awarded reduced costs of $1,000 plus disbursements of $132.73 because the respondent failed to provide evidence of actual costs to justify a higher award and because the applicant's demonstrated financial hardship and possible misunderstanding arising from a confusing INZ letter warranted reduction of the normally applicable scale-based costs.
7 Mar 2018

KUMAR v IMMIGRATION AND PROTECTION TRIBUNAL & OR [2018] NZHC 342

Citation

[2018] NZHC 342
Court

High Court

Section 154(4) did not apply; applicant's right to appeal under s154(2) expired because he first became unlawfully in New Zealand in December 2016 and he had previously exercised a humanitarian appeal, precluding further appeal under s154(5)(b) and s206(2)(b); additionally s216(2) barred any further appeal once the temporary visa granted under s216(1) expired; accordingly the Tribunal correctly refused to accept the purported appeal as out of time and without jurisdiction.
28 Feb 2018

CHIEF EXECUTIVE OF THE MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT v SINGH [2018] NZHC 272

Citation

[2018] NZHC 272
Court

High Court

The Court held that 'getting his or her affairs in order' requires a nexus to matters necessitated by impending deportation (personal, legal or financial matters that must be addressed so deportation does not disadvantage the person or those associated with them); completing less than half of a course of study did not meet that threshold in the circumstances and the IPT erred by failing to consider the statutory threshold and by misapplying s 216(1).
25 Jul 2017

MBIE v NAVNEET SINGH [2017] NZHC 1724

Citation

[2017] NZHC 1724
Court

High Court

Leave to appeal was granted because the question whether the Tribunal misinterpreted the scope of s216(1)(b) is a question of law that is capable of serious argument and is of wider public importance given frequent use of s216; accordingly the High Court granted leave to appeal on that question.
27 Aug 2015

YALAN LIU & ORS v MINISTER OF IMMIGRATION [2015] NZHC 2048

Citation

[2015] NZHC 2048
Court

High Court

Section 186(3)(a) of the Immigration Act expressly bars court review of refusals to grant temporary entry class visas to persons outside New Zealand; therefore the Court lacked jurisdiction and the proceeding was dismissed despite arguable Wednesbury concerns.

New Zealand Case Law

ARGOS FROYANES LIMITED v CHIEF EXECUTIVE OF IMMIGRATION NEW ZEALAND [2020] NZHC 3109

AD v CHIEF EXECUTIVE OF THE MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT [2020] NZHC 1010

KUMAR v IMMIGRATION AND PROTECTION TRIBUNAL & OR [2018] NZHC 621

KUMAR v IMMIGRATION AND PROTECTION TRIBUNAL & OR [2018] NZHC 342

CHIEF EXECUTIVE OF THE MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT v SINGH [2018] NZHC 272

MBIE v NAVNEET SINGH [2017] NZHC 1724

YALAN LIU & ORS v MINISTER OF IMMIGRATION [2015] NZHC 2048