28 Oct 2016
REFUGEE AND PROTECTION OFFICER v CV AND CW & ANOR [2016] NZCA 520
- Citation
- [2016] NZCA 520
- Court
- Court of Appeal
The Court dismissed the Officer's appeal and upheld the High Court's remittal: the Tribunal erred in law by failing to assess properly whether compulsory military religious observance or penalties for refusal could amount to serious harm amounting to persecution linked to a Convention ground; the correct staged inquiry is (1) what will be the claimant's predicament on return, (2) is there a real chance of persecution, which requires identifying the right at issue, whether that right is breached (including lawfulness of any limitation), whether the breach will cause serious harm, whether the f…