4 Jun 2021
MINISTER OF JUSTICE v KYUNG YUP KIM [2021] NZSC 57
- Citation
- [2021] 1 NZLR 338
- Court
- Supreme Court
Diplomatic assurances may be considered to remove a real risk of torture or unfair trial but only following a three-stage assessment: (1) evaluate individual risk in light of general human rights situation, (2) assess the specificity and monitoring arrangements of assurances, and (3) assess likelihood assurances will be honoured; where deficiencies remain, the Minister must obtain further targeted assurances or information before ordering surrender.