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H v Refugee and Protection Officer - SC 52/2018

Media releases

Summary

Civil Appeal – Immigration Act 2009, s 249 – Whether the Court of Appeal was right to dismiss the applicant’s appeal.

Result

A The application for leave to appeal is granted (H (CA580/2017) v Refugee and Protection Officer [2018] NZCA 188).
B The approved question is whether the Court of Appeal was right to dismiss the appeal.
24 August 2018
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A The appeal is allowed.
B The order of the High Court dismissing the proceeding is set aside.
C In its place, an order is made declining the respondent’s application to dismiss the proceeding for want of jurisdiction.
D The proceeding is remitted to the High Court for hearing.
E Costs are reserved.
25 February 2019

Hearing Transcripts

Related Documents

High Court decision — H v REFUGEE AND PROTECTION OFFICER [2017] NZHC 2160 [7 September 2017]

Court of Appeal decision — H (CA580/2017) v REFUGEE AND PROTECTION OFFICER [2018] NZCA 188 [11 June 2018]

Leave judgment - leave granted — H (SC 52/2018) v REFUGEE AND PROTECTION OFFICER [2018] NZSC 79 [24 August 2018] (PDF 29 KB)

Substantive judgment — H (SC 52/2018) v REFUGEE AND PROTECTION OFFICER [2019] NZSC 13 [25 February 2019] (PDF 153 KB)