12 Feb 2016
ASM v DPM [2016] NZHC 137
- Citation
- [2016] NZHC 137
- Court
- High Court
Father failed to prove a 'grave risk' under s106(1)(c) because Bulgarian authorities and social services offered protective mechanisms and available reports undermined the claim; pending refugee claims do not automatically bar return under s106(1)(e) because Immigration Act s164 protects against deportation under that Act only; on the evidence the human rights/refoulement exception was not made out and the High Court must dismiss the appeal and order prompt return.