New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Natural justice and disclosure (s230)

  • 5 Jul 2018

    EG v IMMIGRATION AND PROTECTION TRIBUNAL [2018] NZHC 1653

    Citation
    [2018] NZHC 1653
    Court
    High Court

    Leave to bring judicial review was refused because the primary challenged issues either could have been adequately dealt with on appeal or did not raise questions of general or public importance; the Tribunal complied with s230 by disclosing the police vetting report and giving opportunity to respond; s228 permits the Tribunal to decide on the information provided and there was no seriously arguable duty to make further enquiries into the child's interests in this case.

    • Deportation
    • Exceptional circumstances humanitarian appeal
    • Natural justice and disclosure (s230)
    • Duty to make inquiries/best interests of child (s228)
    • Restriction on judicial review and leave (s249)

  • 20 Dec 2016

    DO v THE IMMIGRATION AND PROTECTION TRIBUNAL [2016] NZHC 3158

    Citation
    [2016] NZHC 3158
    Court
    High Court

    Leave to appeal granted on the question whether the IPT erred in law by rejecting the Marsook corroborating letter through reasoning backwards from adverse credibility findings; leave to judicially review granted on whether the IPT breached natural justice by not giving an adequate opportunity to rebut concerns about the letter's authenticity; leave on the alleged material mistake of fact denied.

    • Credibility findings
    • Corroborative evidence
    • Natural justice and disclosure (s230)
    • Leave to appeal (s245)
    • Leave to judicially review (s249)
    • Reasoning errors (backwards reasoning)