18 Mar 2015
“CV” v IMMIGRATION and PROTECTION TRIBUNAL [2015] NZHC 510
- Citation
- [2015] NZAR 594
- Court
- High Court
The appeals under s245 were out of time because service of the notice of appeal on the Tribunal did not occur within the mandatory 28-day period required by s245(2) read with r20.6; the Court cannot extend that statutory appeals period once expired. The applicants' judicial review was timely; leave to proceed with judicial review is granted because the Tribunal misapplied legal principles concerning religious persecution by failing to assess whether compelled religious observance or penalties for refusal in an Islamic conscript army could amount to persecution (serious harm plus failure of st…