Afghan Nationals v The Minister for Immigration - [2021] NZHC 3154

Date of Judgment

22 November 2021

Decision

Afghan Nationals v The Minister for Immigration (PDF 473 KB)

Summary

Successful judicial review by wider members of families associated with the New Zealand Defence Force seeking to flee Afghanistan to join their family here.COVID-19 border closure did not provide reason to refuse visas. Long-standing visa applications could not be refused for that reason. Act required applications to be assessed in accordance with instructions in effect when visa applications made.Applicants would have the same rights to enter New Zealand as any other residents once visas granted. Further errors in failing to apply humanitarian exceptions which applied to those in the position of the applicants. Immigration New Zealand directed to reconsider the grant of visas in accordance with law.