11 Jun 2019
KIM v MINISTER OF JUSTICE OF NEW ZEALAND [2019] NZCA 209
- Citation
- [2019] 3 NZLR 173
- Court
- Court of Appeal
The appeal is allowed and the Minister's decision to surrender is quashed because the Minister failed to address a required preliminary assessment of whether the general human rights situation in the PRC precluded reliance on assurances, misassessed the magnitude and sources of the risk of torture and failed to demonstrate that the assurances and monitoring would adequately protect against systemic and concealed torture and risks to fair trial rights (notably lack of judicial independence and compromised defence counsel); the matter is remitted for reconsideration with specific directions to…