New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Citizenship

Legal area

Court

3 Aug 2018

AX (AFGHANISTAN) v IMMIGRATION AND PROTECTION TRIBUNAL & ANOR [2018] NZCA 290 [3 August 2018]

Citation

[2018] NZCA 290
Court

Court of Appeal

The Court held the Tribunal's factual finding that the applicant was a Russian national was supported by the evidence and not insupportable; therefore no arguable question of law was established to justify leave to appeal under s245, the additional material was either not fresh or not cogent except for the S affidavit which was admitted, and leave to commence judicial review was not warranted where issues could be dealt with on appeal and did not raise matters of general or public importance.
22 Dec 2016

WU v THE MINISTER OF IMMIGRATION [2016] NZHC 3194

Citation

[2016] NZHC 3194
Court

High Court

The Tribunal erred in law by (1) according no weight to the only information before it regarding the Chinese-law citizenship/visa status of Olivia, a New Zealand citizen child, when that information was directly relevant and consistent with prior Tribunal findings; and (2) failing to consider foreign law and legislative facts upon which it had previously relied when assessing the implications of deportation for a New Zealand citizen child. The decision is quashed and remitted for reconsideration with directions to consider that material.