12 Sept 2016
MINHAS v AN IMMIGRATION OFFICER [2016] NZCA 435
- Citation
- [2016] NZAR 1419
- Court
- Court of Appeal
The Court dismissed the appeal because the petition to the UNHRC does not constitute a statutory right of appeal attracting a stay; the statutory scheme (Immigration Act 2009) and precedent (Parmanadan, Nair) set a high threshold for interim relief in deportation cases and the appellants did not establish the necessity to preserve their position nor a serious issue for review. The immigration officer's refusals to defer deportation were not reviewable decisions that met the threshold for interim relief and the alleged prospective decisions in response to any UNHRC views were too speculative t…