Samuela Faletalavai Helu v Immigration and Protection Tribunal and the Minister of Immigration - SC 72/2013

Summary

Civil – Immigration – Immigration Act 1987, s 105 – International Covenant on Civil and Political Rights, arts 12(4), 17(1), and 23 – whether the Court of Appeal erred in finding that the protection offered by art 12(4) of the ICCPR is limited to New Zealand citizens – whether the Court of Appeal erred in finding that the Tribunal’s approach to s 105 of the Immigration Act and arts 17(1) and 23 of the ICCPR was correct – whether the Court of Appeal erred in its evaluation of the correct approach to be taken in assessing the risk of reoffending under s 105(1) – whether the Court of Appeal erred in finding that there was no evidence that the applicant’ s youth would reduce his risk of re-offending.[2013] NZCA 276 CA 395/2012

Additional Information

Transcription

Hearing date : 4 March 2014

Elias CJ, McGrath, William Young, Glazebrook, Arnold JJ

Dates

The application for leave to appeal is granted.

The approved questions are:

(a) Did the Immigration and Protection Tribunal, in assessing whether it would not be contrary to the public interest to allow Mr Helu to remain in New Zealand:
(i) fail to take into account all relevant considerations;
or (ii) apply the incorrect test.
(b) Even if either or both of those questions are answered in the affirmative would the Tribunal nevertheless necessarily have come to the same decision, given its findings of fact?

3 October 2013

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A The appeal is allowed.
B The Tribunal’s confirmation of the deportation order is quashed.
C The appeal to the Tribunal is remitted to it for reconsideration in the course of which the Tribunal is to apply the test under s 105 of the Immigration Act 1987 that is set out in paras [167] to [176] of the reasons.
D Costs are reserved. Application may be made in writing if necessary.

26 March 2015