Xiao Quing Huang, Cui Yong Ming and Jarvis Cui v Minister of Immigration and The Attorney General - SC 15/2007

Civil – seeking order staying decision of High Court pending hearing of appeal in the Court of Appeal - Ms Huang and Mr Cui are Chinese nationals who came to NZ in 1996 on short-term visitor permits – married and had a son in NZ – 6-year old son is a NZ citizen – removal orders served on Ms Huang and Mr Cui in September 2005 – applied to the High Court for judicial review on humanitarian grounds – effect of removal proceedings on child – application unsuccessful – Mr Cui removed from NZ and returned to China – applicants sought interim relief from the Court of Appeal to delay removal of Ms Huang pending hearing of appeal – whether the Court of Appeal erred in declining to grant interim relief – whether Ms Huang’s appeal rights rendered nugatory if removed to China – whether balance of convenience favours applicants – whether the Court of Appeal erred in finding that merits of intended appeal not so strong to favour the grant of interim relief –United Nations Convention on the Rights of the Child - United Nations Convention on Civil and Political Rights - New Zealand Bill of Rights Act - application for leave to appeal out of time.CA 236/06 18 December 2006