New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Suspension and reactivation of deportation
  • 30 Jun 2022

    OCHIBULU v IMMIGRATION AND PROTECTION TRIBUNAL [2022] NZCA 278

    Citation
    [2022] NZCA 278
    Court
    Court of Appeal

    No special circumstances existed to grant an extension of time under s247; the Minister exercised a discretion in reactivating deportation liability; there was no demonstrable breach of natural justice by the Tribunal because the factual foundation that the Tribunal had undisclosed material was unsupported; accordingly leave under s249 was refused and the appeals and leave applications dismissed.

    • Deportation liability
    • Suspension and reactivation of deportation
    • Leave to bring judicial review (s247,s249)
    • Natural justice and disclosure
    • Procedural delay and time limits
    • Appeals to the immigration and protection tribunal