New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Unduly harsh/unjust test

Legal area

Court

12 Oct 2017

DAVIES v IMMIGRATION NEW ZEALAND [2017] NZHC 2496

Citation

[2017] NZHC 2496
Court

High Court

Leave to appeal was declined because no question of law of sufficient general or public importance was demonstrated: the Supreme Court has already authoritatively clarified the test for 'unjust or unduly harsh' deportation appeals (including that reasons for deportation and public interest in maintaining immigration integrity are relevant), and the Tribunal had in any event placed the applicant's personal circumstances at the forefront of its assessment; therefore there is no matter warranting referral to the Court of Appeal.
20 Mar 2013

KAVIT KRISHNEEL KUMAR V THE MINISTER OF IMMIGRATION HC AK CIV-2012-404-4306

Citation

openlaw-8d767ed1_04ac_4047_bef6_974329cf2c9f.pdf
Court

High Court

Refusal to grant an adjournment was a lawful exercise of discretion because the appellant had sufficient opportunity and failed to act with reasonable diligence to obtain representation; the Tribunal's inquisitorial, informal procedures and active steps to assist ensured a fair hearing; representation is not an automatic right and, given the facts and risk of reoffending, the Tribunal rightly concluded deportation was not unjust or unduly harsh.