4 Jul 2019
The High Court granted leave to appeal because the legal question whether absence of fault can be taken into account under s207(1)(a) raises an issue of general or public importance that should be determined by the Court of Appeal; the High Court had previously held absence of fault may be considered as part of the overall humanitarian assessment but not as a standalone basis for relief.
4 Dec 2018
Absence of fault cannot on its own constitute an exceptional humanitarian circumstance under s207(1)(a) and cannot negate statutory deportation liability created by s158(1A); however absence of fault is a relevant ancillary factor when assessing whether other humanitarian circumstances are sufficiently exceptional and when considering whether deportation would be unjust or unduly harsh and the public interest. The Tribunal did not err in taking absence of fault into account as part of the overall assessment and the appeal is dismissed.
16 May 2018
The High Court granted leave to appeal because there is an arguable question of law whether absence of fault may be treated as part of 'exceptional circumstances of a humanitarian nature' under s207(1)(a); the Tribunal had treated absence of fault as a factor in the first limb, there is tension in authority (Guo v Tuitupou), and the issue is of general and public importance warranting determination by the High Court.
12 Feb 2014
Because the defendant was on notice that the speedometer markings were unreliable and had conceded travelling marginally over the limit, he failed to establish an absence of fault for the strict liability offence; consequently a discharge under s106 was inappropriate and the appeal is dismissed.