Wiilie Ye, Candy Ye and Tim Ye v Minister of Immigration and Yueing Ding - SC 53/2008

Civil appeal – immigration – removal order made under s 54 of the Immigration Act 1987 in respect of an overstayer mother whose children are New Zealand citizens – humanitarian interview conducted by Immigration Officer who determined not to exercise the power of cancellation of the removal order under s 58 of the Immigration Act – whether the Court of Appeal erred in not holding that the children’s welfare and best interests as New Zealand citizen children of an overstayer parent ought to have been directly addressed and taken into account by the Immigration Officer as the paramount or alternatively as a primary consideration in his decision making – whether the Court of Appeal erred in failing to hold that the applicants were entitled to be heard either prior to the decision to make the removal order or prior to the decision to proceed with the removal and thus to be accorded natural justice in their own right – whether the Court of Appeal erred in failing to uphold the applicants’ claim that the first respondent failed to properly take into account the applicants’ rights and New Zealand’ s obligations under international law - whether the Court of Appeal erred in holding that the appropriate relief was to remit the matter of the Immigration Service to be reconsidered  “if it sees fit”.[2008] NZCA 291   CA 184/2006