High Court Cases

High Court Wellington CP232/00
3 May 2001; 10 May 2001
Chisholm J

Judicial review - failure to consider evidence - whether RSAA failed to take evidence into account

The plaintiff, a citizen of Vietnam, alleged in his statement of claim that the Refugee Status Appeals Authority (RSAA) had failed to take into account that a group of which the plaintiff was a member had protested at the Apec Conference in Auckland.

Held:

1.    On the face of the decision it was clear that the RSAA had had regard to the evidence (see para [2]).

Application for review dismissed

Other cases mentioned in judgment

[no other cases were mentioned]

Counsel

JS Petris for the plaintiff
M Hodgen and J Foster for second defendant
 

CHISHOLM J
 

[1] The plaintiff, a Vietnamese citizen, arrived in New Zealand in 1997 and sought refugee status.  After his application was declined he appealed to the Refugee Status Appeals Authority which concluded he was not a refugee within the meaning of Article 1A(2) of the Refugee Convention and dismissed his appeal.  He now seeks review of that decision.

[2] It is alleged in his statement of claim that in reaching its decision the Authority failed to have regard to evidence that a group of which the appellant was a member protested at the Apec conference in Auckland.  In its decision the Authority said:

"There were also other photographs of himself and others ... standing on the street holding placards with a group prior to their departure to a protest in Auckland (which the appellant did not attend)."

[3] The application for judicial review is dismissed accordingly.
 
 

Solicitors for the plaintiff: JS Petris (Wellington)
Solicitor for the defendants: Crown Law Office (Wellington)