28 Nov 2014
D v THE IMMIGRATION & PROTECTION TRIBUNAL [2014] NZHC 3017
- Citation
- [2014] NZHC 3017
- Court
- High Court
Leave to bring judicial review was refused because the issues raised could have been adequately addressed on an appeal; the purported fresh evidence (Dr Wenzel) was available during the Tribunal hearing and counsel reasonably elected not to present an incomplete report so it could not underpin a mistake of fact warranting review; fresh evidence is generally inadmissible on leave applications; s 231 was lawfully applied allowing reliance on earlier adverse credibility findings; the issues lacked general or public importance.
- Leave to bring judicial review
- Credibility findings
- Fresh evidence admissibility
- Interpretation of s 231
- Statutory interpretation
- Standard of review