21 Sept 2016
AI (SOMALIA) v THE IMMIGRATION & PROTECTION TRIBUNAL & ANOR [2016] NZHC 2227 [21 September 2016]
- Citation
- [2016] NZAR 1471
- Court
- High Court
Palmer J held the innominate ground and cumulative impropriety did not apply here but there was a seriously arguable legal question that the Tribunal erred by converting its rejection of the applicant's evidence into a positive factual finding that his parents and brother live in Mogadishu without evidential foundation; that error could amount to mistake of fact, failure to consider relevant matters (including Hathaway principle), Wednesbury unreasonableness or a factual conclusion contrary to the only reasonable inference, and accordingly granted leave to appeal and leave to bring judicial r…