25 Feb 2019
H (SC 52/2018) v REFUGEE AND PROTECTION OFFICER [2019] NZSC 13
- Citation
- [2019] 1 NZLR 433
- Court
- Supreme Court
Section 249 does not preclude judicial review in circumstances where the RPO process has miscarried so that there has been no proper first instance consideration (here an incorrect application of s 149(4) resulting in determination without interview); the Tribunal's de novo appeal cannot provide the remedial relief of restoring the statutory first instance procedure, and s 249 must be construed so as to preserve the High Court's supervisory jurisdiction to prevent injustice; accordingly the High Court has jurisdiction to hear the applicant's judicial review and the matter is remitted for hear…