13 Nov 2020
H v THE MINISTER OF IMMIGRATION [2020] NZCA 562
- Citation
- [2020] NZCA 562
- Court
- Court of Appeal
A5.30 is a lawful immigration character instruction within the Minister's s22 power: association with organisations that committed gross human rights abuses can legitimately inform character assessment; the deeming effect is permissible and counterbalanced by A5.30.1(b) discretion; the wording is not unacceptably vague; "satisfied beyond doubt" describes the officer's evaluative state of mind and does not impose a legal burden or criminal standard; and A5.30 was certified with sufficient regard to refugee obligations and is consistent with the Refugee Convention as implemented in the instruct…