New Zealand Case Law: Decisions & Judgments

Topic

Cancellation of deportation order

Legal area

Court

7 Apr 2017

HUYNH v MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT [2017] NZHC 730 [7 April 2017]

Citation

[2017] NZHC 730
Court

High Court

The interim relief was declined because the applicant failed to demonstrate a real contest in which he had a respectable chance of success; the immigration officer had considered international obligations and reasonably concluded they were not engaged; the officer's decision was made within an absolute discretion so there was no enforceable obligation to accept further written submissions; and the statutory effects of deportation do not ordinarily meet the threshold for interim relief.
18 Jul 2016

LI v CHIEF EXECUTIVE OF MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT [2016] NZHC 1610

Citation

[2016] NZHC 1610
Court

High Court

The Court held on the balance of probabilities that both the deportation liability notice and the deportation order were validly served by registered post/courier (supported by courier tracking records and contemporaneous emails), that s177 does not entitle a person deported pursuant to s157 to a humanitarian interview or a fresh cancellation inquiry, and that interim relief should be refused because it was not necessary to preserve the applicant's position and the appeal had no realistic prospect of success; accordingly the judicial review application was dismissed.
3 Mar 2016

NAIR v CHIEF EXECUTIVE OF THE MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT [2016] NZHC 345

Citation

[2016] NZHC 345
Court

High Court

Interim relief was granted under s 8 because deporting the applicant would cause adverse consequences (inability to enjoy the benefit of a successful judicial review, risk to citizen children's welfare and the family's inability to afford return), and the immigration officer's decision was invalid insofar as he failed to have adequate regard to relevant international obligations by not properly investigating or addressing the children's access to healthcare in Gujarat, such that there is a respectable case and necessity to preserve the applicant's status pending review.
20 Jun 2014

ALAVINE FELIUAI LIU v CHIEF EXECUTIVE OF THE MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT [2014] NZSC 76

Citation

[2014] NZSC 76
Court

Supreme Court

Leave to appeal dismissed because existing Supreme Court authority (Ye) settles that the best interests of the child are a primary, not paramount, consideration in immigration deportation decisions; art 9.1 does not add materially beyond art 3.1 and the immigration officer had properly considered the child's best interests and relevant family and safety factors, so there was no miscarriage of justice or unresolved point of public importance.
19 Dec 2013

LIU v CHIEF EXECUTIVE OF DEPARTMENT OF LABOUR [2013] NZHC 3476

Citation

[2013] NZHC 3476
Court

High Court

The Court granted a targeted stay of execution of the direction to have the deportation decision reconsidered pending determination of the appeal because the Department sought only that limited stay, the applicant consented, and granting the stay prevents a potentially nugatory appeal and operational confusion; the Court's prior illegality finding remains binding until overturned on appeal.
28 Feb 2013

NAIR V THE CHIEF EXECUTIVE OF THE DEPARTMENT OF LABOUR HC NAP CIV-2012-441-364

Citation

openlaw-c7296ec6_c67d_4c33_8e37_15ed1e5a90d0.pdf
Court

High Court

Because s177 confers an absolute discretion and the immigration officer conducted a full interview, recorded the applicants' personal circumstances and relevant international obligations, and because the applicant did not establish predetermination, failure to take into account relevant considerations, or such unreasonableness that no reasonable immigration officer could have reached the decision, the High Court dismissed the judicial review application.
24 Oct 2012

LIU V CHIEF EXECUTIVE OF DEPARTMENT OF LABOUR HC CHCH CIV 2012-409-000896

Citation

openlaw-bd9299c9_0931_4611_9f60_e6f3eb6d8293.pdf
Court

High Court

Failure by the immigration officer to give specific regard to UNCROC art 9.1 (and art 10) when the deportation would separate a child from a parent was an error of law under s177(3); the omission was material and required the decision declining cancellation of the deportation order to be set aside and remitted for fresh consideration by a new officer who must have regard to art 9.1 and art 10.

New Zealand Case Law

HUYNH v MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT [2017] NZHC 730 [7 April 2017]

LI v CHIEF EXECUTIVE OF MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT [2016] NZHC 1610

NAIR v CHIEF EXECUTIVE OF THE MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT [2016] NZHC 345

ALAVINE FELIUAI LIU v CHIEF EXECUTIVE OF THE MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT [2014] NZSC 76

LIU v CHIEF EXECUTIVE OF DEPARTMENT OF LABOUR [2013] NZHC 3476

NAIR V THE CHIEF EXECUTIVE OF THE DEPARTMENT OF LABOUR HC NAP CIV-2012-441-364

LIU V CHIEF EXECUTIVE OF DEPARTMENT OF LABOUR HC CHCH CIV 2012-409-000896