12 Oct 2015
KUMAR v IMMIGRATION AND PROTECTION TRIBUNAL [2015] NZHC 2500
- Citation
- [2015] NZHC 2500
- Court
- High Court
The Court held that although the Tribunal erred in referring to Immigration New Zealand rather than the Minister as the decision‑maker for any future re‑entry application, that error was not material. The Tribunal had correctly identified the substantive factors relevant to any discretionary return (character, alcohol cessation, maturity, compassionate considerations) and, in any event, found the public interest against allowing the appellant to remain; accordingly the error could not have affected the ultimate outcome and the judicial review was dismissed.
- Deportation
- Humanitarian appeal under s 207(1)
- Good character waiver
- Ministerial discretion and special direction
- Delegation of ministerial powers