New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Unjust or unduly harsh test

Legal area

Court

5 Sept 2016

EG (FIJI) v MINISTER OF IMMIGRATION [2016] NZHC 2071

Citation

[2016] NZHC 2071
Court

High Court

The High Court refused leave because the IPT had considered the mitigating factors, the nature and gravity of the offending and societal implications; any dispute was about weight and discretionary judgment rather than error of law, and the questions did not raise matters of sufficient general or public importance to warrant High Court determination.
2 Sept 2015

JIAXI GUO v MINISTER OF IMMIGRATION [2015] NZSC 132

Citation

[2015] NZSC 132
Court

Supreme Court

Leave to appeal to the High Court was granted because there is an arguable legal error in the Tribunal's application of s207(1)(a): the Tribunal focused solely on hardship without adequately considering whether, in light of the appellants' lack of fault and proportionality to the basis of their liability, deportation was 'unjust or unduly harsh', and that question is of sufficient public importance under s245(3) to warrant High Court consideration.