26 Mar 2015
SAMUELA FALETALAVAI HELU v IMMIGRATION AND PROTECTION TRIBUNAL [2015] NZSC 28
- Citation
- [2015] NZSC 28
- Court
- Supreme Court
The Tribunal erred by treating the s 105 limbs as separate, failing to assess whether public interest justified deportation 'despite' findings that deportation would be unjust or unduly harsh, and by applying a rigid sliding-scale risk test that gave decisive effect to a 'moderate' risk of recidivism without adequate contextual proportionality (including failure properly to account for connection to New Zealand, age and family impact); appeal allowed, Tribunal confirmation quashed and matter remitted for reconsideration applying the correct s 105 test.