14 Dec 2012
EDENZ COLLEGES LIMITED V CHIEF EXECUTIVE, MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT HC WN CIV 2012-485-2532
- Citation
- openlaw-c4fc1d38_e199_426e_a12f_ec234ab715a7.pdf
- Court
- High Court
The court held the authority to suspend processing of student visas in these circumstances derived from Immigration Instruction U5.1 rather than s 26(4); U5.1(e)(ii) required the decision-maker to take into account reasons for non-compliance and to afford an opportunity to respond, and the decision-maker's failure to do so was an error of law warranting setting aside the suspension and remitting the matter for reconsideration.