New Zealand Case Law: Decisions & Judgments

Topic

Visa conditions

Legal area

Court

27 Jun 2023

SASAKI v CHIEF EXECUTIVE OF THE MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT [2023] NZHC 593

Citation

[2023] NZHC 593
Court

High Court

The reviewing officer applied the correct legal standard (the Head Chef role as described in the visa application and in ANZSCO), the available evidence supported the finding that the applicant was operating as a restaurant manager or higher and thus in breach of his visa, and any procedural fairness concerns were addressed through the Good Reason Review process; accordingly the judicial review application is dismissed.
9 Aug 2016

DAHIYA v CHIEF EXECUTIVE OF THE MINISTRY OF BUSINESS INNOVATION AND EMPLOYMENT [2016] NZHC 1835

Citation

[2016] NZHC 1835
Court

High Court

The respondent, as the successful party, was entitled to costs under Rule 14.2 and no exceptional circumstances existed to refuse costs; the applicant bore the onus to know visa terms and there was no statutory duty on Immigration New Zealand to provide separate advice, so costs were awarded on a category 2 Band B basis with disbursements fixed by the Registrar.
14 Aug 2015

YU v MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT [2015] NZHC 1939

Citation

[2015] NZHC 1939
Court

High Court

Interim relief was granted because the alleged breaches, given the available information and the applicant's prior lawful study history, were not necessarily of a kind that justified immediate removal; the court restrained removal pending a return to court so that a properly informed decision could be made.

New Zealand Case Law

SASAKI v CHIEF EXECUTIVE OF THE MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT [2023] NZHC 593

DAHIYA v CHIEF EXECUTIVE OF THE MINISTRY OF BUSINESS INNOVATION AND EMPLOYMENT [2016] NZHC 1835

YU v MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT [2015] NZHC 1939