New Zealand Case Law: Decisions & Judgments

Topic

Skilled migrant category

Legal area

Court

2 Aug 2017

SINGH & ANOR v IMMIGRATION AND PROTECTION TRIBUNAL & ANOR [2017] NZHC 1825

Citation

[2017] NZHC 1825
Court

High Court

The High Court held there was no error of law: the Tribunal did consider the materials and applied a holistic, evaluative assessment of ANZSCO requirements rather than a simplistic binary approach; the scale of the business was not a mandatory consideration that stood out as requiring further inquiry; and there is no legal obligation to fit an applicant into an alternative ANZSCO classification when rejecting the claimed classification.
5 May 2017

KUMANDAN v CHIEF EXECUTIVE OF THE MINISTRY OF BUSINESS, INNOVATION & EMPLOYMENT [2017] NZHC 890

Citation

[2017] NZHC 890
Court

High Court

The application for leave to appeal was filed approximately 14 months after notification of the IPT decision, well outside the mandatory 28-day limit in s245(2); because s245 does not permit extension after the 28-day period the Court had no jurisdiction to grant leave out of time and the inherent jurisdiction could not be invoked to bypass the statutory limitation, therefore the application is dismissed.
7 Jun 2016

FRIC v THE IMMIGRATION AND PROTECTION TRIBUNAL [2016] NZHC 1208

Citation

[2016] NZHC 1208
Court

High Court

Leave to appeal and leave to bring judicial review were refused. The Court held the correct standard for INZ satisfaction is the civil standard (balance of probabilities); INZ was entitled to request and assess further evidence where suspicions were reasonably raised and to assess credibility. The Tribunal reasonably concluded Phenomena's history and the nature of online provision could create an unacceptable risk to immigration and employment integrity and the applicants failed to show an arguable legal error of general or public importance or that review issues could not be adequately dealt…
9 Dec 2013

SINGH v THE CHIEF EXECUTIVE OF THE MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT [2013] NZHC 3273

Citation

[2013] NZHC 3273
Court

High Court

The court held there was no legally enforceable legitimate expectation because prior approvals, while unfortunate for the applicant, did not justify requiring INZ to perpetuate decisions that were likely incorrect; INZ lawfully reassessed the application against the residence instructions and ANZSCO, gave adequate reasons and did not fail to disclose material such that reviewable error is established; the judicial review application is dismissed though costs are awarded to the applicant on a 2B basis.
13 Nov 2008

JIANMING HE V THE CHIEF EXECUTIVE OF THE DEPARTMENT OF LABOUR HC WN CIV 2008-485-1300

Citation

openlaw-eb87e5ce_f84b_45d5_baa7_0d9050b22583.pdf
Court

High Court

SM5.5(c) validly permits INZ to require an IELTS certificate even where an applicant appears to meet SM5.5(b); however the RRB erred in law by treating the failure to produce an IELTS certificate as a determinative negative that precluded finding special circumstances under s18C(1)(b); the RRB must reassess the appellants by evaluating their actual English ability and social integration in context and may consider relevant negative factors.

New Zealand Case Law

SINGH & ANOR v IMMIGRATION AND PROTECTION TRIBUNAL & ANOR [2017] NZHC 1825

KUMANDAN v CHIEF EXECUTIVE OF THE MINISTRY OF BUSINESS, INNOVATION & EMPLOYMENT [2017] NZHC 890

FRIC v THE IMMIGRATION AND PROTECTION TRIBUNAL [2016] NZHC 1208

SINGH v THE CHIEF EXECUTIVE OF THE MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT [2013] NZHC 3273

JIANMING HE V THE CHIEF EXECUTIVE OF THE DEPARTMENT OF LABOUR HC WN CIV 2008-485-1300