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Jianyoung Guo, Jiaxi Guo, Jiaming Guo v Minister of Immigration - SC 124/2014

Media releases

Summary

Civil Appeal – Immigration – New Zealand Bill of Rights Act 1990, s 26(2) – Human Rights Act 1993, s 21(1)(l)(iv) – Whether the Court of Appeal erred in not finding that the deportation order against Mr Guo was unjust on the basis that it involved double jeopardy, in breach of s 26(2) of the New Zealand Bill of Rights Act – Whether the Court of Appeal erred in not finding that the deportation orders against the remaining applicants were unjust on the basis that they involved discriminating on a ground expressly prohibited by s 21(1)(l)(iv) of the Human Rights Act, being a relative of a particular person – Whether the Court of Appeal erred in refusing to give leave to appeal in relation to the grounds advanced in the application for leave to appeal to the High Court.[2014] NZCA 513 CA263/2014

Result

A   The application for leave to appeal by Jianyong Guo is dismissed.
B   The applications for leave to appeal by Jiaxi Guo and Jiaming Guo are granted (Guo v Minister of Immigration [2014] NZCA 513).
C   The approved ground of appeal is whether the Court of Appeal was right to decline the applications of Jiaxi Guo and Jiaming Guo for leave to appeal to the High Court against the decision of the Immigration and Protection Tribunal dismissing their appeals against deportation.
3 June 2015
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A  The appeal is allowed.
B  The appellants are granted leave to appeal to the High Court against the dismissal by the Immigration and Protection Tribunal of their appeals on the question whether the Tribunal erred in law in concluding that it would not be unjust or unduly harsh to deport them from New Zealand.
C  All issues as to costs, including the order for costs made in the High Court, are reserved.  Any application in respect of costs is to be made within 10 working days.
2 September 2015

Hearing Transcripts

Related Documents

Leave judgment - leave granted — JIANYONG GUO, JIAXI GUO AND JIAMING GUO v MINISTER OF IMMIGRATION [2015] NZSC 76 [3 June 2015] (PDF 114 KB)

Additional document — Transcript Hearing date 9 July 2015 (PDF 577 KB)

Substantive judgment — JIAXI GUO v MINISTER OF IMMIGRATION [2015] NZSC 132 [2 September 2015] (PDF 122 KB)