New Zealand Case Law: Decisions & Judgments

Topic

Residence visa eligibility

Legal area

Court

5 Nov 2019

H v THE MINISTER OF IMMIGRATION [Redacted] [2019] NZHC 2870

Citation

[2019] NZHC 2870
Court

High Court

A5.30 is a lawful immigration instruction certified under s22 forming part of a legitimate character test: association or membership of organisations responsible for gross human rights abuses rationally informs individual character and may lawfully render an applicant normally ineligible for residence; the deeming effect is permissible given evidentiary constraints and is qualified by A5.30.1(b) which permits immigration officer discretion where satisfied beyond doubt that involvement was minimal or remote; the provision does not impose an unlawful reverse onus and the Minister was not requir…
23 Nov 2016

TAO v THE MINISTER OF IMMIGRATION [2016] NZHC 2807

Citation

[2016] NZHC 2807
Court

High Court

The High Court granted leave to appeal on the novel legal question whether, given the Status of Children Act 1969 s22, a donor-conceived child had to be disclosed as the applicant's "child" on a residence application and whether failure to do so constituted concealment for deportation purposes; the Court held there was a serious question of law warranting appeal and declined to grant separate leave for judicial review because the appeal would address the same legal errors.
8 Aug 2016

Song v Minister of Immigration [2016] NZHC 1828

Citation

[2016] NZAR 1232
Court

High Court

The requirement for eligibility must be satisfied at the time the application is determined; absent an express Tribunal direction fixing a different time, a child's financial dependence is to be assessed at determination because the statutory duty to disclose material changes (s 58) and the scheme of the Act contemplate ongoing disclosure and assessment up to determination and entry.
18 Oct 2011

IBRAHIM V ASSOCIATE MINISTER OF IMMIGRATION HC WN CIV-2011-485-1142

Citation

openlaw-2044c414_6884_41ca_9887_734c6b8458a3.pdf
Court

High Court

Assuming the applicant's factual allegations, the statutory bar in s 187(8) of the Immigration Act 2009 (which precludes review of residence visa refusals for persons outside New Zealand) presents a substantial obstacle to the success of the claim; balancing the applicant's interest in access to the courts against the respondent's interest in protection from unjustified overseas litigation, the balance favors ordering security for costs; accordingly the court ordered the applicant to pay $5,000 into court as security for costs and stayed further steps until payment is made.

New Zealand Case Law

H v THE MINISTER OF IMMIGRATION [Redacted] [2019] NZHC 2870

TAO v THE MINISTER OF IMMIGRATION [2016] NZHC 2807

Song v Minister of Immigration [2016] NZHC 1828

IBRAHIM V ASSOCIATE MINISTER OF IMMIGRATION HC WN CIV-2011-485-1142