RefNZ Case Search

High Court, Court of Appeal and Supreme Court Cases


Last Updated: 8 July 2011

This page reports decisions of the New Zealand High Court, Court of Appeal and Supreme Court dealing with Refugee issues.  In each instance the full text of the decision is provided together with a headnote.  While the decisions are published with the consent of the Council of the New Zealand Law Society pursuant to s 12(3) of the New Zealand Council of Law Reporting Act 1938, neither the decisions nor the headnotes are sourced from the New Zealand Law Reports and do not purport to be the official or authorised version.  The headnotes and index are copyright Rodger Haines QC.

Use the index to link to cases of interest.

INDEX AND TABLES

Table of cases reported
- Chronological
- Alphabetical
Subject headings
Subject index
Table of cases cited
Table of statutes referred to
Table of regulations referred to
Table of international instruments referred to
 
 

TABLE OF CASES REPORTED (Chronological)



Ly v Minister of Immigration - Costs - Unsuccessful application for leave to bring judicial review proceedings out of time - Approach to costs


Paternostro v Chief Executive of Department of Labour
(CA, 2011) - Habeas corpus - Detention - Warrant of commitment issued for 14 days but incorrectly specifying 28 days - Whether detention unlawful - Relevant date for considering lawfulness of warrant - Correct defendant

Teng v Minister of Immigration
- Costs where judicial review proceedings fail - Approach to costs in immigration cases

M v Department of Labour
-
Costs - Whether plaintiff in person in modest circumstances justified departure from principle that costs should follow the event - Whether reduction in costs appropriate

M v Refugee Status Appeals Authority (No. 6)
-
Costs - Whether plaintiff in person in modest circumstances justified departure from principle that costs should follow the event - Whether reduction in costs appropriate

Elliott v R (CA 2010) - Sentencing - Aiding a person to remain unlawfully in New Zealand - Sentence - Factors to be taken into account - Deterrence where commercially motivated breaches of Immigration Act

X (CA746/2009) v R (CA, 2010) - Whether a person with a genuine belief in their status as a refugee could be considered to have a reasonable excuse for the purposes the Passports Act 1992, s 31(1)(f)(ii)

R v Refugee Status Appeals Authority
- Judicial review - Whether medical evidence and disability properly taken into account

M v Refugee Status Appeals Authority (No. 5) - Political opinion - Meaning - Whether complaining to the authorities about fraud a political act or an expression of political opinion

Attorney-General (Minister of Immigration) v Tamil X (NZSC, 2010) - Exclusion - Serious Reasons for Considering - Article 1F(a) - Elements of Joint Enterprise Liability - Article 1F(b) - Meaning of Non-Political

JJAJ v Refugee Status Appeals Authority -
Judicial review - Record - Scope of the record - Inadmissible evidence - Whether to be struck from the record

Isak v Refugee Status Appeals Authority - Failure by counsel to provide evidence to tribunal - Whether fault on part of counsel gives right to judicially review decision

Osman v R (CA, 2010) Sentencing - Identity fraud - Whether home detention can be granted - Whether dissenting judgment of William Young P in R v Vhavha to be followed - Immigration Act 1987 s 142 - Sentencing Act, s 7

MA v Attorney-General (No. 3) (NZSC, 2010) - Confidentiality - Use of documents seized by Police - Whether may be used in refugee cancellation proceedings

R v Vhavha (CA, 2009) - Sentencing - Identity fraud - Whether sentences in the immigration and passport fraud area should appropriately reflect deterrence and denunciation - Whether home detention should have been granted

MA v Attorney-General (No. 2) (CA, 2009) - Confidentiality - Use of documents seized by Police - Whether may be used in refugee cancellation proceedings

Mahinder Singh v Minister of Immigration (CA, 2009) - Interim order - Criteria to be met in immigration context


Aziz v Chief Executive of the Ministry of Social Development
- Social security - Emergency benefit - Eligibility depending on whether person lawfully present in New Zealand - Meaning of lawfully present - New Zealand Bill of Rights Act s 9 - Whether denial of an emergency social welfare benefit might contravene the prohibition on torture or cruel, degrading or disproportionately severe treatment or punishment where the individual would otherwise be utterly destitute

Zayr v Chief Executive, Department of Labour
-
Detention - Removal from New Zealand under police escort - Whether obligation on Immigration New Zealand to offer election whether to leave voluntarily or by force - Whether refusal to leave voluntarily and consequential increased attention on arrival in home country relevant - Immigration Act 1987, s 59

R v Sabuncuoglu (CA, 2008) -
Sentencing considerations where false declaration made in support of refugee application - Significant uplifts in starting sentences may be appropriate in the future

R v Hassan (CA, 2008) -
Sentencing considerations where false declaration made in support of refugee application - Significant uplifts in starting sentences may be appropriate in the future


MN v Refugee Status Appeals Authority
- Judicial review - Review not an appeal - Challenge to credibility finding - Use of false passport - Whether common - Whether refugee claimant obliged to be candid and truthful about his or her identity


Chief Executive of the Department of Labour v Yadegary (CA, 2008) - Detention - Detention for unreasonable period - Immigration Act 1987, s 60

Attorney-General v X (NZSC, 2008) -
Confidentiality - Whether evidence produced by refugee claimant available for use in non-refugee proceedings, particularly extradition proceedings or proceedings in New Zealand for genocide or crimes against humanity

Zanzoul v R (NZSC, 2008)
- Article 31 as a defence to a charge of possessing a false passport - Whether an abuse of process to charge a refugee with passport offence where the passport has been used as a means of putting refugee in the position to claim refugee status

F v Refugee Status Appeals Authority
- Religion - Conversion to Christianity - Proselytism - Consistency of RSAA decisions


M R v Refugee Status Appeals Authority
- Judicial review proceedings brought six months out of time - Whether further time should be allowed


E & W v Refugee Status Appeals Authority - Whether costs should be awarded against legally aided plaintiffs who discontinued judicial review proceedings the day before the substantive hearing


X  v  Refugee Status Appeals Authority (Courtney J, 19 March 2008)
- Joint hearing - Whether procedurally unfair - Religion - Conversion to Christianity - Whether RSAA entitled to conclude motivation not spiritual but instrumental or pragmatic


X & Y  v  Refugee Status Appeals Authority - Exclusion - Burden of proof - Benefit of doubt - Crimes against humanity - Whether necessary to specify a particular proscribed act or a specific instance of a proscribed act - Relevance of non-binding UNHCR guidelines - Jurisdiction to determine plausibility of testimony


Mohebbi v Department of Labour
- Detention - Detention for unreasonable period - Whether detention in custody pending removal may become illegal if it continues for unreasonable period - whether arbitrary detention in terms of s 22 of the New Zealand Bill of Rights Act 1990


MA v Attorney-General
- Confidentiality - Use of documents seized by Police - Whether may be used in cancellation proceedings - Privilege - Whether litigation privilege applies to immigration advisers

Attorney-General v X and Z (CA, 2007) - Confidentiality - Whether evidence produced by refugee claimant available for use in non-refugee proceedings particularly extradition proceedings or proceedings in New Zealand for genocide or crimes against humanity

AA v Refugee Status Appeals Authority - Fairness - Credibility findings - Whether independent evidence required before adverse finding can be made - Lies - Significance of

S v Chief Executive of the Department of Labour (CA, 2007) - Meaning of being persecuted - Responsibility to establish claim - Whether matter stands out as requiring decision

Hassan v Department of Labour - Article 31 as a defence to fraud charges - Coming directly from - Provided they present themselves without delay - Sentence - Factors to be taken into account

Yadegary v Manager, Custodial Services, Auckland Central Remand Prison - Detention - Detention for unreasonable period - Whether detention in custody pending removal may become illegal if it continues for unreasonable period - Whether the principles in Hardial Singh apply - Immigration Act 1987, ss 59 & 60

Z v Attorney-General - Confidentiality - Whether evidence produced by refugee in cancellation proceedings available for use in non-refugee proceedings particularly extradition proceedings or proceedings in New Zealand or elsewhere for genocide or crimes against humanity - whether interim order should be made

R v Zanzoul (No. 2) (CA, 2006) - Article 31 as a defence to a charge of possessing a false passport - Coming directly from - Sentence - Factors to be taken into account

M v Refugee Status Appeals Authority (No. 4) - Judicial review proceedings commenced out of time - Whether special circumstances to allow proceedings to be commenced out of time - Cancellation of refugee status - Whether error of law to determine procedural decisions in the context of the substantive hearing rather than as preliminary points of law - Circumstances in which appeal should not proceed because insufficient particulars given of case appellant must meet

R v Zanzoul - Sentencing of failed asylum-seeker for possession of false passport - Factors to be taken into account

GA v Refugee Status Appeals Authority - Adverse credibility findings - Grounds on which findings may be challenged - Deference to RSAA decisions

Legal Services Agency v Hosseini - Legal aid - Decline of legal aid on grounds of insufficient prospects of success - Meaning of prospects of success - Nature of balancing exercise - Whether duty on Legal Services Agency to undertake detailed analysis

S v Chief Executive of Department of Labour - Judicial review - Intensity of review - Meaning of being persecuted

So M v Refugee Status Appeals Authority - Judicial review - Admission of new evidence - Challenge to credibility findings - Mistake of fact - Whether benefit of the doubt should have been given - Whether notice must be given of proposed adverse credibility finding

A M v Refugee Status Appeals Authority - Admission of new evidence - Whether radical alteration to refugee case can be made in a judicial review - Whether joint hearing of refugee claim procedurally unfair

A v Chief Executive of the Department of Labour - Intensity of review - Proper approach where refugee claim based on cumulative grounds - Whether each ground to be considered separately or whether the proper question is whether a person having all of the characteristics of the claimant would face a real chance of being persecuted - Whether interpretation of country information unreasonable

Aivazov v Refugee Status Appeals Authority - Legal aid - Whether RSAA hearing should be adjourned until legal aid application resolved - Whether jurisdiction to review RSAA decision not to adjourn

Zaoui v Attorney-General (No. 2) - Deportation on national security grounds - Application of Article 33(2) - Whether proportionality or balancing exercise required - Complementary protection - Whether deportation possible where substantial grounds for believing that person would be in danger of arbitrary deprivation of life or being subjected to torture

Zaoui v Attorney-General - Detention - Access to bail - Whether High Court has jurisdiction to grant bail on direct application not ancillary to some other process before the Court - Article 31 - Necessary - Bail - Whether national security can provide basis for a blanket exclusion of entitlement to bail

Rajabian v Chief Executive of the Department of Work and Income New Zealand - Social security - Emergency benefit - Eligibility depending on whether person lawfully present in New Zealand - Meaning of lawfully present

K v Refugee Status Appeals Authority (No. 2) - Meaning of sustained or systemic violation of basic human rights demonstrative of a failure of state protection - Whether duty to guarantee protection at all times - Whether isolated acts of harm establish breach of duty of protection

R v Chechelnitski - Appeal against sentence of three years six months on three charges of smuggling migrants - Whether sentence manifestly excessive - Factors relevant to sentencing - Whether appropriate to impose severe deterrent sentence

Markevich v R - Appeal against sentence of 18 months imprisonment for possessing false passport - Whether sentence manifestly excessive - Factors relevant to sentencing

Hamidi v Chief Executive of the Ministry of Social Development and Attorney-General  - Social security - Emergency benefit - Whether lawful cancellation of benefit where work permit has expired

R & R v Refugee Status Appeals Authority - Well-founded fear - Determination of - Factors relevant - Whether fear of being persecuted well-founded if it is merely assumed or if it is mere speculation - Standard of proof for past and present facts - Whether balance of probability standard applicable

HP v Refugee Status Appeals Authority - Whether counsel misled by tribunal - Weight to be given to medical evidence where facts relied on by medical practitioner not accepted by tribunal - Whether fault on part of counsel gives right to judicially review decision of tribunal

T v Refugee Status Appeals Authority (No. 2) - Whether notice to be given of proposed adverse credibility finding - Whether duty to take inquisitorial approach - Whether failure to supply a transcript a breach of fairness

O & L v Refugee Status Appeals Authority - Whether adverse credibility findings may be based on implausibilities - Grounds on which finding may be challenged - credibility assessment and cultural factors

Sakran v Minister of Immigration - Challenge to adverse credibility finding where decision-maker has made serious errors of fact - Circumstances in which adverse credibility finding not critical to the claim to refugee status - whether over-emphasis on credibility of claimant inappropriate

Ghuman v Registrar of the Auckland District Court - Whether Article 31 of the Refugee Convention a shield to prosecution where a refugee claimant provides a false name and date of birth

Sadeghi v Refugee Status Appeal Authority - The difficulty of challenging an adverse credibility finding where the decision-maker has had an opportunity to assess the credibility of the witness for a lengthy period - Whether it is expected that a tribunal will exhaustively identify and bring together all of the factors that have influenced it in arriving at its credibility conclusion

U & V v Refugee Status Appeals Authority - Whether adverse credibility findings may be based on implausibilities - Grounds on which finding may be challenged - Imperfections in decision - Failure to express findings logically and with clarity - Evidential basis for findings available - Effect of

Mohebbi v Minister of Immigration - Detention - Whether power to detain a person whose identity is known in order to force that person to produce a passport or to assist the Immigration Service in the application for a passport by signing the application forms for a new passport

Jiao v Refugee Status Appeals Authority and Attorney-General (CA)  - Responsibility to establish refugee claim - Meaning of - Whether a Burden of proof - Whether it must be shown that the risk of being persecuted is more probable than not - Benefit of the doubt - Meaning of

Attorney-General v Refugee Council of New Zealand Inc (CA) - Detention of asylum-seekers - Lawfulness of detention - Article 31 Refugee Convention - Excom Conclusion No. 44 - Validity of Operational Instruction of 19 September 2001 - Immigration Act 1987, ss 128, 129X
 
M v Refugee Status Appeals Authority (No. 3) - Procedure of RSAA - Nature of appeal - Whether appeal by de novo hearing - Whether RSAA bound by credibility findings made by refugee status officer - Interim order - Discretion to grant relief - Whether fact that applicant has absconded relevant to exercise of discretion

A v New Zealand Police - Detention of asylum-seekers - Access to bail when criminal charges laid in relation to the production and use of false passport - competing jurisdictions of the criminal law and the Refugee Convention - Detention on remand for period in excess of likely penalty - Article 31 Refugee Convention - Necessary - Meaning of necessary - Whether failure of refugee claimant to present herself without delay to the New Zealand authorities a disqualifying factor or whether intention to present herself without delay to the authorities of the intended asylum state is sufficient

Sylva v Minister of Immigration - Habeas corpus - Appropriate manner of application - Whether jurisdiction to make order on ex parte basis - Immigration Act 1987 - Whether judicial review part of the process given by the Act - Judicial review not an appeal - Challenge to credibility finding - Interim order - Standard to be met in interim order application in immigration context

Refugee Council of New Zealand Inc v Attorney-General (No 2) - Detention of asylum-seekers - Access to bail when judicial review proceedings instituted - Article 31 Refugee Convention - Necessary - Meaning of necessary - Validity of Operational Instruction of 19 September 2001 - Immigration Act 1987, ss 128, 128A, 129X - Burden of proof - Responsibility to establish refugee claim - Whether a burden of proof

Jiao v Refugee Status Appeals Authority - Treaties - Interpretation of domestic legislation to be consistent with international obligations - Burden of proof - Responsibility to establish refugee claim - Meaning of - Whether a burden of proof - Judicial review - duty to investigate - Whether Refugee Status Appeals Authority under duty to make enquiries and to investigate - Inquisitorial procedure - Whether tribunal may adopt either an inquisitorial or adversarial procedure or some combination of both

Refugee Council of New Zealand Inc v Attorney-General (No 1) - Detention of asylum-seekers - Access to bail when judicial review proceedings instituted - Article 31 Refugee Convention - Necessary - Meaning of necessary - Validity of Operational Instrument of 19 September 2001 - Immigration Act 1987, ss 128, 128A, 129X

Razak v Refugee Status Appeals Authority - Evidence - Expert evidence - Whether RSAA obliged to accept evidence of expert

Khezri v The Police - Whether being a refugee is a "reasonable excuse" to a charge under the Passports Act 1992, s 31(1)(f)(i) that the person on arrival in New Zealand was in possession of a passport which had been falsified

DG v Refugee Status Appeals Authority - Approach of High Court on judicial review - Discretion to grant relief - Whether error of law had material effect on RSAA decision - Persecution - Meaning of - Sustained or systemic violation of basic human rights demonstrative of a failure of protection - Whether "sustained" and "systemic" synonymous - Whether test conjunctive or disjunctive - Isolated incidents of harm - Whether must be part of systemic conduct directed against claimant - Whether global judgment required - Whether failure of a government to protect automatically constitutes persecution - Whether past harm alone sufficient - Well-founded fear - Whether remote chance of harm sufficient - Whether a distinction between a real chance and a real possibility - Whether the threshold has been satisfied calls for the exercise of judgment by the decision-maker - Whether finding that chance slight in relation to claimant inconsistent with finding there was a real possibility of future violence generally - Whether a claimant unwilling to avail herself of the protection of her country of origin must also establish a well-founded fear of persecution

T v Refugee Status Appeals Authority - Responsibility to establish claim - Meaning of - Whether an onus of proof - Immigration Act 1987, s 129P(1)

D v Refugee Status Appeals Authority - Whether RSAA failed to take evidence into account

TN v Refugee Status Appeals Authority - Judicial review - Failure to consider evidence - Whether error of law to fail to consider evidence

C v Refugee Status Appeals Authority - Judicial review not an appeal on the merits - Whether RSAA sitting as a panel of one member a breach of fairness - Whether any significant disadvantage suffered because of language difficulty - Whether burden of proof on refugee claimant - Conduct of interview and purpose of interview - Whether appropriate for interviews to be detailed and lengthy - Whether appropriate to be persistent and penetrating with indication of questioner's reaction to answers

H v Chief Executive of the Department of Labour - Persecution - Meaning of - Discrimination in employment - Humanitarian appeal - Relationship with grant or denial of refugee status - significance of discrimination in employment

Achhido, Fiagadzi and Adiza v The Governor of Mt Eden Prison; Department of Labour/NZIS- Approach to application for extension of time under Immigration Act 1987, s 147A - Whether RSAA can make credibility findings different to those made by a refugee status officer - Whether RSAA decisions may be signed by one member - Whether notice of proposed adverse credibility finding must be given

M v Refugee Status Appeals Authority (No. 2) - Proceedings without foundation - Costs - Whether order for payment of costs should be made against counsel and solicitors

M v Refugee Status Appeals Authority -Approach to judicial review of RSAA decisions, particularly where credibility finding challenged - Ineffective counsel - Proceedings without foundation - Costs - Whether order for payment of costs should be made against counsel and solicitors

Q v Refugee Status Appeals Authority - Persecution - Meaning of - Whether every breach of a human right is persecution - Whether obligation on RSAA to provide exhaustive definition of persecution

Don v Refugee Status Appeals Authority - Burden of proof on refugee claimant - Whether RSAA obliged to seek evidence further to that provided by claimant - Whether RSAA obliged to cross examine medical witness - Whether RSAA under duty to investigate - Admission of new evidence on judicial review

A v Refugee Status Appeals Authority - Interpreter - Whether challenge to independence or competence of interpreter should be made before the hearing has finished and a decision given - Standard of independence - Standard of interpretation

Tishkovets v Refugee Status Appeals Authority - Challenge to findings of fact - Whether open to RSAA to conclude that harassment did not rise to the level of persecution

Attorney-General v E (CA) - Whether a presumption that a temporary permit should be granted to a refugee claimant in the absence of special factors making detention necessary - Whether the Refugee Convention a mandatory relevant consideration under the Immigration Act 1987, s 129X(2) when immigration officers consider an application for a temporary permit to a refugee claimant - Whether detention under the Immigration Act 1987, s 128 a "penalty" for the purposes of Article 31(1) of the Refugee Convention - Meaning of "coming directly from" - Relevance of UNHCR Guidelines on Detention of Asylum-Seekers

Tishkovets v Minister of Immigration - Circumstances in which detention in custody under s 128 of the Immigration Act 1987 may become illegal

Naremanov v Refugee Status Appeals Authority - Revocation of temporary permit following decline of refugee status - Whether well-founded fear can be established in the absence of an apprehension of harm

K v Refugee Status Appeals Authority - Weight to be given to airport interview - Well-founded fear - Real chance test - Judicial review - Whether adverse credibility finding unreasonable

Abu v Superintendent of Mt Eden Women's Prison - Whether detention in custody under s 128 of the Immigration Act 1987 pending determination of refugee status lawful

Malkit Singh v Attorney General (CA) - Effect of appeal hearing on a prior breach of natural justice - Exercise of discretion to decline to grant relief - Whether persons arriving at an airport and applying for refugee status are, before a decision is made to permit or deny entry, entitled to access to a lawyer

Singh (Malkit) v Attorney General - Detention in custody pending determination of refugee status - Denial of access to a lawyer - Denial of a temporary permit - Effect of appeal hearing on a prior breach of natural justice - Nature of an appeal to the RSAA - Exercise of discretion to decline to grant relief

Y v Refugee Status Appeals Authority - Iranian converting to Christianity - Whether RSAA justified in relying on assessment made by Swedish Aliens Appeal Board - Whether decision unreasonable.

ASA v Refugee Status Appeals Authority - Fresh evidence - Challenge to credibility findings - Whether RSAA able to hear evidence in the absence of appellant

F v Superintendent of Mt Eden Prison - Whether detention in custody under s 128 of the Immigration Act 1987 pending determination of refugee status lawful

AB v Refugee Status Appeals Authority - Whether RSAA under a duty to make enquiries and to investigate - Test for determining when RSAA under such duty - Whether mistake of fact a ground for review

Singh (Amarverinder) v Refugee Status Appeals Authority - Interim order - Jurisdiction to make second refugee application - Consent order

S v Refugee Status Appeals Authority (CA) - Article 1F(b) - Meaning of serious non-political crime - Whether aggravated robbery a serious crime - Whether seriousness of crime to be weighed against the gravity of the consequences of return to country of origin - Convention Against Torture

S v Refugee Status Appeals Authority - Article 1F(b) - Standard of proof - Meaning of serious non-political crime - Whether aggravated robbery a serious crime - Whether seriousness of crime to be weighed against the gravity of the consequences of return to country of origin

Butler v Attorney-General (CA)  - Treaties - Domestic incorporation - Desirability of legislation - Relocation (IFA) and state protection - Whether reasonableness element of relocation test a stand alone test - Relevance of social, economic and political circumstances of the claimant, including the circumstances of members of the family

Garate (Gabriel Sequeiros) v Refugee Status Appeals Authority - Exclusion - Article 1F(a) - Inclusion of applicant's family in refugee application form

Singh (Teerath) v Refugee Status Appeals Authority - Requirements for successful interim order application

Paul (Surinder) v Refugee Status Appeals Authority - RSAA specialist tribunal - Relocation - Internal protection

Dayal (Daya Ram) v Refugee Status Appeals Authority - State protection - Whether failure to protect has nexus to Convention reason - Unreasonableness - Position of child included in refugee application - Delay

Singh (Avtar) v Refugee Status Branch - Interim order application - Whether obligation to show circumstances which justify relief

Singh (Amarjit) v Refugee Status Branch - Interim order application - Whether obligation to show circumstances which justify relief

Singh (Pargat) v Refugee Status Branch - Interim order - Judicial review

B v Refugee Status Appeals Authority - Approach to judicial review of RSAA decision - Rules of fairness - Jurisdiction to review credibility finding of RSAA - Duty to provide adequate translation services - Delay

Appiah v New Zealand Police - Application of Articles 31 & 33 prior to determination of refugee status - Refugee status as a factor in criminal sentencing

Zhan v Refugee Status Appeals Authority - Rules of fairness - Bias - Application of the real chance test

Mohammed (Ally Hassan) v Refugee Status Appeals Authority - Onus of proof - Rules of fairness

Khalon v Attorney-General (Minister of Immigration) - Whether notice must be given of a proposed adverse credibility finding

Mann (Parkash) v Attorney-General  - Different conclusions reached by NZIS and RSAA - Minister relying on NZIS decision - Consequences of inconsistency - Fairness

Singh (Santokh) v Refugee Status Appeals Authority (No. 2) - Fairness - Whether adequate notice must be given of evidence and of earlier decision to be relied upon by the RSAA

Singh (Santokh) v Refugee Status Appeals Authority - Whether jurisdiction to review decision of RSAA - Whether RSAA lawfully constituted

Ali v Minister of Immigration - Whether decline of refugee status in another country precludes consideration in New Zealand

TABLE OF CASES REPORTED (Alphabetical)

A v Chief Executive of the Department of Labour - Intensity of review - Proper approach where refugee claim based on cumulative grounds - Whether each ground to be considered separately or whether the proper question is whether a person having all of the characteristics of the claimant would face a real chance of being persecuted - Whether interpretation of country information unreasonable

A v New Zealand Police - Detention of asylum-seekers - Access to bail when criminal charges laid in relation to the production and use of false passport - competing jurisdictions of the criminal law and the Refugee Convention - Detention on remand for period in excess of likely penalty - Article 31 Refugee Convention - Necessary - Meaning of necessary - Whether failure of refugee claimant to present herself without delay to the New Zealand authorities a disqualifying factor or whether intention to present herself without delay to the authorities of the intended asylum state is sufficient

A v Refugee Status Appeals Authority - Interpreter - Whether challenge to independence or competence of interpreter should be made before the hearing has finished and a decision given - Standard of independence - Standard of interpretation

AB v Refugee Status Appeals Authority - Whether RSAA under a duty to make enquiries and to investigate - Test for determining when RSAA under such duty - Whether mistake of fact a ground for review

AA v Refugee Status Appeals Authority - Fairness - Credibility findings - Whether independent evidence required before adverse finding can be made - Lies - Significance of

Abu v Superintendent of Mt Eden Women's Prison - Whether detention in custody under s 128 of the Immigration Act 1987 pending determination of refugee status lawful

Achhido, Fiagadzi and Adiza v The Governor of Mt Eden Prison; Department of Labour/NZIS- Approach to application for extension of time under Immigration Act 1987, s 147A - Whether RSAA can make credibility findings different to those made by a refugee status officer - Whether RSAA decisions may be signed by one member - Whether notice of proposed adverse credibility finding must be given

Aivazov v Refugee Status Appeals Authority - Legal aid - Whether RSAA hearing should be adjourned until legal aid application resolved - Whether jurisdiction to review RSAA decision not to adjourn

Ali v Minister of Immigration - Whether decline of refugee status in another country precludes consideration in New Zealand

Ally Hassan Mohammed v Refugee Status Appeals Authority - Onus of proof - Rules of fairness

A M v Refugee Status Appeals Authority - Admission of new evidence - Whether radical alteration to refugee case can be made in a judicial review - Whether joint hearing of refugee claim procedurally unfair

Amarjit Singh v Refugee Status Branch - Interim order application - Whether obligation to show circumstances which justify relief

Amarverinder Singh v Refugee Status Appeals Authority - Interim order - Jurisdiction to make second refugee application - Consent order

Appiah v New Zealand Police - Application of Articles 31 & 33 prior to determination of refugee status - Refugee status as a factor in criminal sentencing

ASA v Refugee Status Appeals Authority - Fresh evidence - Challenge to credibility findings - Whether RSAA able to hear evidence in the absence of appellant

Attorney-General v E (CA) - Whether a presumption that a temporary permit should be granted to a refugee claimant in the absence of special factors making detention necessary - Whether the Refugee Convention a mandatory relevant consideration under the Immigration Act 1987, s 129X(2) when immigration officers consider an application for a temporary permit to a refugee claimant - Whether detention under the Immigration Act 1987, s 128 a "penalty" for the purposes of Article 31(1) of the Refugee Convention - Meaning of "coming directly from" - Relevance of UNHCR Guidelines on Detention of Asylum-Seekers

Attorney-General v Refugee Council of New Zealand Inc (CA) - Detention of asylum-seekers - Lawfulness of detention - Article 31 Refugee Convention - Excom Conclusion No. 44 - Validity of Operational Instruction of 19 September 2001 - Immigration Act 1987, ss 128, 129X

Attorney-General (Minister of Immigration) v Tamil X (NZSC, 2010) - Exclusion - Serious Reasons for Considering - Article 1F(a) - Elements of Joint Enterprise Liability - Article 1F(b) - Meaning of Non-Political

Attorney-General v X (NZSC, 2008) - Confidentiality - Whether evidence produced by refugee claimant available for use in non-refugee proceedings, particularly extradition proceedings or proceedings in New Zealand for genocide or crimes against humanity

Attorney-General v X and Z (CA, 2007) - Confidentiality - Whether evidence produced by refugee claimant available for use in non-refugee proceedings particularly extradition proceedings or proceedings in New Zealand for genocide or crimes against humanity

Avtar Singh v Refugee Status Branch - Interim order application - Whether obligation to show circumstances which justify relief

Aziz v Chief Executive of the Ministry of Social Development - Social security - Emergency benefit - Eligibility depending on whether person lawfully present in New Zealand - Meaning of lawfully present - New Zealand Bill of Rights Act s 9 - Whether denial of an emergency social welfare benefit might contravene the prohibition on torture or cruel, degrading or disproportionately severe treatment or punishment where the individual would otherwise be utterly destitute

B v Refugee Status Appeals Authority - Approach to judicial review of RSAA decision - Rules of fairness - Jurisdiction to review credibility finding of RSAA - Duty to provide adequate translation services - Delay

Butler v Attorney-General (CA) - Treaties - Domestic incorporation - Desirability of legislation - Relocation (IFA) and state protection - Whether reasonableness element of relocation test a stand alone test - Relevance of social, economic and political circumstances of the claimant, including the circumstances of members of the family

C v Refugee Status Appeals Authority - Judicial review not an appeal on the merits - Whether RSAA sitting as a panel of one member a breach of fairness - Whether any significant disadvantage suffered because of language difficulty - Whether burden of proof on refugee claimant - Conduct of interview and purpose of interview - Whether appropriate for interviews to be detailed and lengthy - Whether appropriate to be persistent and penetrating with indication of questioner's reaction to answers

Chief Executive of the Department of Labour v Yadegary (CA, 2008) - Detention - Detention for unreasonable period - Immigration Act 1987, s 60

D v Refugee Status Appeals Authority - Whether RSAA failed to take evidence into account

Daya Ram Dayal v Refugee Status Appeals Authority - State protection - Whether failure to protect has nexus to Convention reason - Unreasonableness - Position of child included in refugee application - Delay

Dayal (Daya Ram) v Refugee Status Appeals Authority - State protection - Whether failure to protect has nexus to Convention reason - Unreasonableness - Position of child included in refugee application - Delay

DG v Refugee Status Appeals Authority - Approach of High Court on judicial review - Discretion to grant relief - Whether error of law had material effect on RSAA decision - Persecution - Meaning of - Sustained or systemic violation of basic human rights demonstrative of a failure of protection - Whether "sustained" and "systemic" synonymous - Whether test conjunctive or disjunctive - Isolated incidents of harm - Whether must be part of systemic conduct directed against claimant - Whether global judgment required - Whether failure of a government to protect automatically constitutes persecution - Whether past harm alone sufficient - Well-founded fear - Whether remote chance of harm sufficient - Whether a distinction between a real chance and a real possibility - Whether the threshold has been satisfied calls for the exercise of judgment by the decision-maker - Whether finding that chance slight in relation to claimant inconsistent with finding there was a real possibility of future violence generally - Whether a claimant unwilling to avail herself of the protection of her country of origin must also establish a well-founded fear of persecution

Don v Refugee Status Appeals Authority - Burden of proof on refugee claimant - Whether RSAA obliged to seek evidence further to that provided by claimant - Whether RSAA obliged to cross examine medical witness - Whether RSAA under duty to investigate - Admission of new evidence on judicial review

E & W v Refugee Status Appeals Authority - Whether costs should be awarded against legally aided plaintiffs who discontinued judicial review proceedings the day before the substantive hearing

Elliott v R (CA 2010) - Sentencing - Aiding a person to remain unlawfully in New Zealand - Sentence - Factors to be taken into account - Deterrence where commercially motivated breaches of Immigration Act

F v Refugee Status Appeals Authority - Religion - Conversion to Christianity - Proselytism - Consistency of RSAA decisions

F v Superintendent of Mt Eden Prison - Whether detention in custody under s 128 of the Immigration Act 1987 pending determination of refugee status lawful

GA v Refugee Status Appeals Authority - Adverse credibility findings - Grounds on which findings may be challenged - Deference to RSAA decisions

Gabriel Sequeiros Garate v Refugee Status Appeals Authority - Exclusion - Article 1F(a) - Inclusion of applicant's family in refugee application form

Garate (Gabriel Sequeiros) v Refugee Status Appeals Authority - Exclusion - Article 1F(a) - Inclusion of applicant's family in refugee application form

Ghuman v Registrar of the Auckland District Court - Whether Article 31 of the Refugee Convention a shield to prosecution where a refugee claimant provides a false name and date of birth

Hamidi v Chief Executive of the Ministry of Social Development and Attorney-General  - Social security - Emergency benefit - Whether lawful cancellation of benefit where work permit has expired

Hassan v Department of Labour - Article 31 as a defence to fraud charges - Coming directly from - Provided they present themselves without delay - Sentence - Factors to be taken into account

H v Chief Executive of the Department of Labour - Persecution - Meaning of - Discrimination in employment - Humanitarian appeal - Relationship with grant or denial of refugee status - significance of discrimination in employment

HP v Refugee Status Appeals Authority - Whether counsel misled by tribunal - Weight to be given to medical evidence where facts relied on by medical practitioner not accepted by tribunal - Whether fault on part of counsel gives right to judicially review decision of tribunal

Isak v Refugee Status Appeals Authority - Failure by counsel to provide evidence to tribunal - Whether fault on part of counsel gives right to judicially review decision

Jiao v Refugee Status Appeals Authority - Treaties - Interpretation of domestic legislation to be consistent with international obligations - Burden of proof - Responsibility to establish refugee claim - Meaning of - Whether a burden of proof - Judicial review - Duty to investigate - Whether Refugee Status Appeals Authority under duty to make enquiries and to investigate - Inquisitorial procedure - Whether tribunal may adopt either an inquisitorial or adversarial procedure or some combination of both

Jiao v Refugee Status Appeals Authority and Attorney-General (CA)  - Responsibility to establish refugee claim - Meaning of - Whether a Burden of proof - Whether it must be shown that the risk of being persecuted is more probable than not - Benefit of the doubt - Meaning of

JJAJ v Refugee Status Appeals Authority - Judicial review - Record - Scope of the record - Inadmissible evidence - Whether to be struck from the record

K v Refugee Status Appeals Authority (No. 2) - Meaning of sustained or systemic violation of basic human rights demonstrative of a failure of state protection - Whether duty to guarantee protection at all times - Whether isolated acts of harm establish breach of duty of protection

K v Refugee Status Appeals Authority - Weight to be given to airport interview - Well-founded fear - Real chance test - Judicial review - Whether adverse credibility finding unreasonable

Khalon v Attorney-General (Minister of Immigration) - Whether notice must be given of a proposed adverse credibility finding

Khezri v The Police - Whether being a refugee is a "reasonable excuse" to a charge under the Passports Act 1992, s 31(1)(f)(i) that the person on arrival in New Zealand was in possession of a passport which had been falsified

Legal Services Agency v Hosseini - Legal aid - Decline of legal aid on grounds of insufficient prospects of success - Meaning of prospects of success - Nature of balancing exercise - Whether duty on Legal Services Agency to undertake detailed analysis

Ly v Minister of Immigration - Costs - Unsuccessful application for leave to bring judicial review proceedings out of time - Approach to costs

Markevich v R - Appeal against sentence of 18 months imprisonment for possessing false passport - Whether sentence manifestly excessive - Factors relevant to sentencing

M v Department of Labour - Costs - Whether plaintiff in person in modest circumstances justified departure from principle that costs should follow the event - Whether reduction in costs appropriate

M v Refugee Status Appeals Authority (No. 6)
-
Costs - Whether plaintiff in person in modest circumstances justified departure from principle that costs should follow the event - Whether reduction in costs appropriate

M v Refugee Status Appeals Authority (No. 5) - Political opinion - Meaning - Whether complaining to the authorities about fraud a political act or an expression of political opinion

M v Refugee Status Appeals Authority (No. 4) - Judicial review proceedings commenced out of time - Whether special circumstances to allow proceedings to be commenced out of time - Cancellation of refugee status - Whether error of law to determine procedural decisions in the context of the substantive hearing rather than as preliminary points of law - Circumstances in which appeal should not proceed because insufficient particulars given of case appellant must meet

M v Refugee Status Appeals Authority (No. 3) - Procedure of RSAA - Nature of appeal - Whether appeal by de novo hearing - Whether RSAA bound by credibility findings made by refugee status officer - Interim order - Discretion to grant relief - Whether fact that applicant has absconded relevant to exercise of discretion

M v Refugee Status Appeals Authority (No. 2) - Proceedings without foundation - Costs - Whether order for payment of costs should be made against counsel and solicitors

M v Refugee Status Appeals Authority -Approach to judicial review of RSAA decisions, particularly where credibility finding challenged - Ineffective counsel - Proceedings without foundation - Costs - Whether order for payment of costs should be made against counsel and solicitors

MA v Attorney-General (No. 3) (NZSC, 2010) - Confidentiality - Use of documents seized by Police - Whether may be used in refugee cancellation proceedings

MA v Attorney-General (No. 2) (CA, 2009) - Confidentiality - Use of documents seized by Police - Whether may be used in refugee cancellation proceedings

MA v Attorney-General - Confidentiality - Use of documents seized by Police - Whether may be used in cancellation proceedings - Privilege - Whether litigation privilege applies to immigration advisers

Mahinder Singh v Minister of Immigration (CA, 2009) - Interim order - Criteria to be met in immigration context

Malkit Singh v Attorney General (CA) - Effect of appeal hearing on a prior breach of natural justice - Exercise of discretion to decline to grant relief - Whether persons arriving at an airport and applying for refugee status are, before a decision is made to permit or deny entry, entitled to access to a lawyer

Malkit Singh v Attorney General - Detention in custody pending determination of refugee status - Denial of access to a lawyer - Denial of a temporary permit - Effect of appeal hearing on a prior breach of natural justice - Nature of an appeal to the RSAA - Exercise of discretion to decline to grant relief

Mann (Parkash) v Attorney-General  - Different conclusions reached by NZIS and RSAA - Minister relying on NZIS decision - Consequences of inconsistency - Fairness

MN v Refugee Status Appeals Authority - Judicial review - Review not an appeal - Challenge to credibility finding - Use of false passport - Whether common - Whether refugee claimant obliged to be candid and truthful about his or her identity

Mohammed (Ally Hassan) v Refugee Status Appeals Authority - Onus of proof - Rules of fairness

Mohebbi v Department of Labour - Detention - Detention for unreasonable period - Whether detention in custody pending removal may become illegal if it continues for unreasonable period - whether arbitrary detention in terms of s 22 of the New Zealand Bill of Rights Act 1990

Mohebbi v Minister of Immigration - Detention - Whether power to detain a person whose identity is known in order to force that person to produce a passport or to assist the Immigration Service in the application for a passport by signing the application forms for a new passport

M R v Refugee Status Appeals Authority - Judicial review proceedings brought six months out of time - Whether further time should be allowed

Naremanov v Refugee Status Appeals Authority - Revocation of temporary permit following decline of refugee status - Whether well-founded fear can be established in the absence of an apprehension of harm

O & L v Refugee Status Appeals Authority - Whether adverse credibility findings may be based on implausibilities - Grounds on which finding may be challenged - credibility assessment and cultural factors

Osman v R (CA, 2010) Sentencing - Identity fraud - Whether home detention can be granted - Whether dissenting judgment of William Young P in R v Vhavha to be followed - Immigration Act 1987 s 142 - Sentencing Act, s 7

Pargat Singh v Refugee Status Branch - Interim order - Judicial review

Parkash Mann v Attorney-General  - Different conclusions reached by NZIS and RSAA - Minister relying on NZIS decision - Consequences of inconsistency - Fairness

Paternostro v Chief Executive of Department of Labour (CA, 2011) - Habeas corpus - Detention - Warrant of commitment issued for 14 days but incorrectly specifying 28 days - Whether detention unlawful - Relevant date for considering lawfulness of warrant - Correct defendant

Paul (Surinder) v Refugee Status Appeals Authority - RSAA specialist tribunal - Relocation - Internal protection

Q v Refugee Status Appeals Authority - Persecution - Meaning of - Whether every breach of a human right is persecution - Whether obligation on RSAA to provide exhaustive definition of persecution

R v Hassan (CA, 2008) - Sentencing considerations where false declaration made in support of refugee application - significant uplifts in starting sentences may be appropriate in the future

R v Sabuncuoglu (CA, 2008) - Sentencing considerations where false declaration made in support of refugee application - Significant uplifts in starting sentences may be appropriate in the future

R v Vhavha (CA, 2009) - Sentencing - Identity fraud - Whether sentences in the immigration and passport fraud area should appropriately reflect deterrence and denunciation - Whether home detention should have been granted

R v Zanzoul (No. 2) (CA, 2006) - Article 31 as a defence to a charge of possessing a false passport - Coming directly from - Sentence - Factors to be taken into account

R v Zanzoul - Sentencing of failed asylum-seeker for possession of false passport - Factors to be taken into account

R v Refugee Status Appeals Authority - Judicial review - Whether medical evidence and disability properly taken into account

R & R v Refugee Status Appeals Authority - Well-founded fear - Determination of - Factors relevant - Whether fear of being persecuted well-founded if it is merely assumed or if it is mere speculation - Standard of proof for past and present facts - Whether balance of probability standard applicable

Rajabian v Chief Executive of the Department of Work and Income New Zealand - Social security - Emergency benefit - Eligibility depending on whether person lawfully present in New Zealand - Meaning of lawfully present

Razak v Refugee Status Appeals Authority - Evidence - Expert evidence - Whether RSAA obliged to accept evidence of expert

Refugee Council of New Zealand Inc v Attorney-General (No 1) - Detention of asylum-seekers - Access to bail when judicial review proceedings instituted - Article 31 Refugee Convention - Necessary - Meaning of necessary - Validity of Operational Instrument of 19 September 2001 - Immigration Act 1987, ss 128, 128A, 129X

Refugee Council of New Zealand Inc v Attorney-General (No 2) - Detention of asylum-seekers - Access to bail when judicial review proceedings instituted - Article 31 Refugee Convention - necessary - Meaning of necessary - Validity of Operational Instruction of 19 September 2001 - Immigration Act 1987, ss 128, 128A, 129X - Burden of proof - Responsibility to establish refugee claim - Whether a burden of proof

S v Chief Executive of Department of Labour - Judicial review - Intensity of review - Meaning of being persecuted

S v Chief Executive of the Department of Labour (CA, 2007) - Meaning of being persecuted - Responsibility to establish claim - Whether matter stands out as requiring decision

S v Refugee Status Appeals Authority (CA) - Article 1F(b) - Meaning of serious non-political crime - Whether aggravated robbery a serious crime - Whether seriousness of crime to be weighed against the gravity of the consequences of return to country of origin - Convention Against Torture

S v Refugee Status Appeals Authority - Article 1F(b) - Standard of proof - Meaning of serious non-political crime - Whether aggravated robbery a serious crime - Whether seriousness of crime to be weighed against the gravity of the consequences of return to country of origin

Sadeghi v Refugee Status Appeal Authority - The difficulty of challenging an adverse credibility finding where the decision-maker has had an opportunity to assess the credibility of the witness for a lengthy period - Whether it is expected that a tribunal will exhaustively identify and bring together all of the factors that have influenced it in arriving at its credibility conclusion

Sakran v Minister of Immigration - Challenge to adverse credibility finding where decision-maker has made serious errors of fact - Circumstances in which adverse credibility finding not critical to the claim to refugee status - whether over-emphasis on credibility of claimant inappropriate

Singh (Amarjit) v Refugee Status Branch - Interim order application - Whether obligation to show circumstances which justify relief

Singh (Amarverinder) v Refugee Status Appeals Authority - Interim order - Jurisdiction to make second refugee application - Consent order

Singh (Avtar) v Refugee Status Branch - Interim order application - Whether obligation to show circumstances which justify relief

Singh (Malkit) v Attorney General - Detention in custody pending determination of refugee status - Denial of access to a lawyer - Denial of a temporary permit - Effect of appeal hearing on a prior breach of natural justice - Nature of an appeal to the RSAA - Exercise of discretion to decline to grant relief

Singh (Pargat) v Refugee Status Branch - Interim order - Judicial review

Singh (Santokh) v Refugee Status Appeals Authority (No. 2) - Fairness - Whether adequate notice must be given of evidence and of earlier decision to be relied upon by the RSAA

Singh (Santokh) v Refugee Status Appeals Authority - Whether jurisdiction to review decision of RSAA - Whether RSAA lawfully constituted

Singh (Teerath) v Refugee Status Appeals Authority - Requirements for successful interim order application

So M v Refugee Status Appeals Authority - Judicial review - Admission of new evidence - Challenge to credibility findings - Mistake of fact - Whether benefit of the doubt should have been given - Whether notice must be given of proposed adverse credibility finding

Surinder Paul v Refugee Status Appeals Authority - RSAA specialist tribunal - Relocation - Internal protection

Sylva v Minister of Immigration - Habeas corpus - Appropriate manner of application - Whether jurisdiction to make order on ex parte basis - Immigration Act 1987 - Whether judicial review part of the process given by the Act - Judicial review not an appeal - Challenge to credibility finding - Interim order - Standard to be met in interim order application in immigration context

T v Refugee Status Appeals Authority (No. 2) - Whether notice to be given of proposed adverse credibility finding - Whether duty to take inquisitorial approach - Whether failure to supply a transcript a breach of fairness

T v Refugee Status Appeals Authority - Responsibility to establish claim - Meaning of - Whether an onus of proof - Immigration Act 1987, s 129P(1)

Teng v Minister of Immigration - Costs where judicial review proceedings fail - Approach to costs in immigration cases

Teerath Singh v Refugee Status Appeals Authority - Requirements for successful interim order application

R v Victor Chechelnitski - Appeal against sentence of three years six months on three charges of smuggling migrants - Whether sentence manifestly excessive - Factors relevant to sentencing - Whether appropriate to impose severe deterrent sentence

Tishkovets v Minister of Immigration - Circumstances in which detention in custody under s 128 of the Immigration Act 1987 may become illegal

Tishkovets v Refugee Status Appeals Authority - Challenge to findings of fact - Whether open to RSAA to conclude that harassment did not rise to the level of persecution

TN v Refugee Status Appeals Authority - Judicial review - Failure to consider evidence - Whether error of law to fail to consider evidence

U & V v Refugee Status Appeals Authority - Whether adverse credibility findings may be based on implausibilities - Grounds on which finding may be challenged - Imperfections in decision - Failure to express findings logically and with clarity - Evidential basis for findings available - Effect of

X  v  Refugee Status Appeals Authority (Courtney J, 19 March 2008) - Joint hearing - Whether procedurally unfair - Religion - Conversion to Christianity - Whether RSAA entitled to conclude motivation not spiritual but instrumental or pragmatic

X (CA746/2009) v R (CA, 2010) - Whether a person with a genuine belief in their status as a refugee could be considered to have a reasonable excuse for the purposes the Passports Act 1992, s 31(1)(f)(ii)

X & Y  v  Refugee Status Appeals Authority - Exclusion - Burden of proof - Benefit of doubt - Crimes against humanity - Whether necessary to specify a particular proscribed act or a specific instance of a proscribed act - Relevance of non-binding UNHCR guidelines - Jurisdiction to determine plausibility of testimony

Y v Refugee Status Appeals Authority - Iranian converting to Christianity - Whether RSAA justified in relying on assessment made by Swedish Aliens Appeal Board - Whether decision unreasonable

Yadegary v Manager, Custodial Services, Auckland Central Remand Prison - Detention - Detention for unreasonable period - Whether detention in custody pending removal may become illegal if it continues for unreasonable period - Whether the principles in Hardial Singh apply - Immigration Act 1987, ss 59 & 60

Z v Attorney-General - Confidentiality - Whether evidence produced by refugee in cancellation proceedings available for use in non-refugee proceedings particularly extradition proceedings or proceedings in New Zealand or elsewhere for genocide or crimes against humanity - whether interim order should be made

Zanzoul v R (NZSC, 2008) - Article 31 as a defence to a charge of possessing a false passport - Whether an abuse of process to charge a refugee with passport offence where the passport has been used as a means of putting refugee in the position to claim refugee status

Zaoui v Attorney-General (No. 2) - Deportation on national security grounds - Application of Article 33(2) - Whether proportionality or balancing exercise required - Complementary protection - Whether deportation possible where substantial grounds for believing that person would be in danger of arbitrary deprivation of life or being subjected to torture

Zaoui v Attorney-General - Detention - Access to bail - Whether High Court has jurisdiction to grant bail on direct application not ancillary to some other process before the Court - Article 31 - Necessary - Bail - Whether national security can provide basis for a blanket exclusion of entitlement to bail

Zayr v Chief Executive, Department of Labour - Detention - Removal from New Zealand under police escort - Whether obligation on Immigration New Zealand to offer election whether to leave voluntarily or by force - Whether refusal to leave voluntarily and consequential increased attention on arrival in home country relevant - Immigration Act 1987, s 59

Zhan v Refugee Status Appeals Authority - Rules of fairness - Bias - Application of the real chance test

SUBJECT HEADINGS
ARTICLE 31
Application of Refugee Convention prior to determination of Refugee Status
Coming directly from
Necessary
Penalties
Present themselves without delay
ARTICLE 33
Article 33(2)

BENEFIT OF THE DOUBT
Duty to apply
Meaning of
CANCELLATION OF REFUGEE STATUS
Confidentiality
COMPLEMENTARY PROTECTION
Actions taken outside New Zealand
National security
CONFIDENTIALITY
Cancellation of refugee status
Confidentiality under the Refugee Convention
Use of refugee evidence in other proceedings
CONVENTION AGAINST TORTURE
CONVENTION ON THE RIGHTS OF THE CHILD
CREDIBILITY FINDINGS
Errors of fact
Findings based on implausibility
Lies
Whether independent evidence required before adverse finding can be made

DETENTION
Access to bail
Detention for unreasonable period
Detention pending determination of refugee status
Habeas corpus and judicial review
Operational Instructions
Relevance of UNHCR Guidelines
Removal from New Zealand under police escort
DISABILITY
Mental disability
EVIDENCE

Expert evidence
EXCLUSION
Article 1F(a)
Article 1F(b)
Burden of proof
Complicity
Serious reasons for considering
Standard of proof
EXTRADITION
Confidentiality
Relationship to Refugee Convention
FAMILY
FOR A CONVENTION REASON - NEXUS
HABEAS CORPUS
Appropriate manner of application
Detention
IMMIGRATION ACT 1987

Confidentiality
Detention
Effect of claimant leaving New Zealand
First available craft
Humanitarian appeal
Judicial review
Relevance of grant of refugee status
Removal from New Zealand under police escort
Residence permit on humanitarian grounds
Responsibility to establish refugee claim
Revocation of temporary permit
Temporary permit
Access to lawyer
INTERNAL PROTECTION ALTERNATIVE
Relocation
INTERPRETER
JUDICIAL REVIEW
Adjournment
Admission of new evidence on review
Approach of High Court on judicial review
Approach to judicial review of RSAA decisions
Bias
Challenge to Operational Instruction
Commencement of proceedings within three months
Costs
Credibility findings

Curing
Deference to RSAA
Delay
Detention
Discretion to grant relief
Duty to investigate
Effect of remitting decision
Error of law
Evidence taken in absence
Expert evidence
Extension of time
Failure to consider evidence
Failure to consider issue
Fairness
Habeas corpus
Implausibility
Inconsistency
Inconsistency between decisions of RSAA
Inconsistent findings
Ineffective counsel
Interim order
Jurisdiction to review
Legitimate expectation
Mistake of fact
Nature of judicial review
New grounds
New grounds in Court of Appeal
Not an appeal
Proceedings without any foundation

Quashing a decision where no unlawfulness, irrationality or procedural error by tribunal
Reasons
Reasonableness
Record
Relevant considerations
Review not an appeal
Settlement
Transcript
Weight to be given to evidence
LAW PRACTITIONERS
Proceedings without any foundation
LEGAL AID
Decline of legal aid on grounds of insufficient prospects of success
Whether delay in receiving legal aid ground for adjournment of RSAA hearing
Whether refusal of legal aid a denial of natural justice
MEDICAL EVIDENCE
Cross-examination
Duty to investigate
Weight to be given
NATIONAL SECURITY
Complementary protection
Security risk certificate
NEW ZEALAND BILL OF RIGHTS ACT

Access to lawyer
Arbitrary detention
Right to justice
Torture or cruel, degrading, or disproportionately severe treatment or punishment
OFFENCES
Bail
Use of false passport
PASSPORT
Detention in custody
Evidence
Offences
Reasonable excuse
Use of false passport
PERSECUTION
Meaning of
POLITICAL OPINION
Meaning

PRIVILEGE
Immigration advisers
PROCEDURE OF RSAA

Adjournment application
Burden of proof

Conduct of interview
Confidentiality
Country information
Decisions
De novo hearing
Decline of refugee status in another country
Duty to investigate
Effect of claimant leaving New Zealand
Expert evidence
Inquisitorial procedure
Interpreter
Joint hearing
Legal representation
Mental disability
Nature of appeal
Number of Members to hear appeal
Precedence of refugee hearing
Procedural issues
Provision of particulars
Responsibility to establish refugee claim
Standard of proof for past and present facts
Standard of proof for well-foundedness
Transcript
REFUGEE STATUS APPEALS AUTHORITY
Credibility assessment
Deference
Errors of fact in decision
Imperfections in decision
Jurisdiction to review
Misleading counsel
Refugee Status Appeals Authority inconsistency of decisions
Whether in the period 1991 to 1999 lawfully constituted
REFUGEE STATUS BRANCH
Adjournment application
Confidentiality
Curing
REFUGEE STATUS DETERMINATION
Fair procedures
Inquisitorial process
RELIGION
Conversion to Christianity
REVOCATION OF PERMIT

SENTENCING
False declaration in support of refugee application
Fraud
Identity fraud
Passport
Smuggling migrants
SMUGGLING MIGRANTS
Sentence
SOCIAL SECURITY
Emergency benefit
STATE PROTECTION

Meaning of
Whether central to definition of refugee
TRAFFICKING IN PERSONS
Smuggling migrants
TREATIES
Domestic incorporation
Interpretation of domestic legislation to be consistent with international obligations
Treaty interpretation
UNHCR GLOBAL CONSULTATIONS
UNHCR GUIDELINES
Binding effect

UNHCR HANDBOOK
WELL-FOUNDED FEAR
Determination of
Objective assessment
SUBJECT INDEX

ARTICLE 31

Application of Refugee Convention prior to determination of Refugee Status

Illegal entry to New Zealand - Use of false passport - Article 31
A v New Zealand Police
Appiah v New Zealand Police

Coming directly from

Meaning of directly
Attorney-General v Refugee Council of New Zealand Inc (CA)
Attorney-General v E (CA)

Meaning of directly - Article 31
Hassan v Department of Labour

Whether directly - Article 31
R v Zanzoul (No. 2) (CA, 2006)

Necessary

Bail - Whether national security can provide basis for a blanket exclusion of entitlement to bail - Refugee Convention 1951 Article 31
Zaoui v Attorney-General

Meaning of necessary
Attorney-General v Refugee Council of New Zealand Inc (CA)
A v New Zealand Police
Refugee Council of New Zealand Inc v Attorney-General (No 2)
Refugee Council of New Zealand Inc v Attorney-General (No 1)

Penalties

Illegal entry to New Zealand - Use of false passport
X (CA746/2009) v R (CA, 2010)

Whether an abuse of process to charge a refugee with passport offence where the passport has been used as a means of putting refugee in the position to claim refugee status
Zanzoul v R (NZSC, 2008)

Whether Article 31 a shield to prosecution for using a false identity
Ghuman v Registrar of the Auckland District Court

Illegal entry to New Zealand - Use of false passport - Article 31
R v Zanzoul
Markevich v R
Khezri v The Police

Whether detention under Immigration Act 1987, s 128 a penalty and in breach of Article 31(1)
Attorney-General v E (CA)

Present themselves without delay

Meaning of - Article 31
Hassan v Department of Labour
 
ARTICLE 33

Article 33(2)

Test for determining whether refugee a threat to security
Zaoui v Attorney-General (No. 2)

Whether amended by ICCPR or Convention against Torture
Zaoui v Attorney-General (No. 2)

Whether security issues to be weighed against consequences of return - Refugee Convention Article 33
Zaoui v Attorney-General (No. 2)

BENEFIT OF THE DOUBT

When appropriate to apply
M v Refugee Status Appeals Authority (No. 5)
So M v Refugee Status Appeals Authority
A M v Refugee Status Appeals Authority

Duty to apply

Whether a duty to give benefit of doubt - Application in exclusion cases
X & Y  v  Refugee Status Appeals Authority

Meaning of

Whether applies to establishing the facts or at the later evaluation stage of deciding whether the fear of being persecuted is well-founded
Jiao v Refugee Status Appeals Authority and Attorney-General (CA)

CANCELLATION OF REFUGEE STATUS

Confidentiality

Genocide - Confidentiality of evidence given by refugee - Immigration Act 1987, s 129T
Z v Attorney-General

Use of documents seized by Police - Immigration Act 1987, s 129T
MA v Attorney-General (No. 3) (NZSC, 2010)
MA v Attorney-General (No. 2) (CA, 2009)
MA v Attorney-General

 
COMPLEMENTARY PROTECTION

Actions taken outside New Zealand

Whether New Zealand Bill of Rights Act 1990 and International Covenant on Civil and Political Rights 1966 apply to actions taken outside New Zealand by other governments - New Zealand Bill of Rights Act 1990, ss 6, 8 & 9 - International Covenant on Civil and Political Rights 1966, Articles 6 & 7
Zaoui v Attorney-General (No. 2)

National security

Whether deportation possible where a danger of arbitrary deprivation of life or being subjected to torture
Zaoui v Attorney-General (No. 2)

CONFIDENTIALITY

Application of s 129T to refugee applications made after 1 October 1999
Ghuman v Registrar of the Auckland District Court

Cancellation of refugee status

Genocide - Confidentiality of evidence given by refugee - Immigration Act 1987, s 129T
Z v Attorney-General

Use of documents seized by Police - Immigration Act 1987, s 129T
MA v Attorney-General (No. 3) (NZSC, 2010)
MA v Attorney-General (No. 2) (CA, 2009)
MA v Attorney-General


Confidentiality under the Refugee Convention

Use of refugee evidence in other proceedings - Confidentiality of evidence given by refugee claimant
Attorney-General v X (NZSC, 2008)

Whether confidentiality implicit
Attorney-General v X and Z (CA, 2007)

Use of refugee evidence in other proceedings

Confidentiality of evidence given by refugee claimant
Attorney-General v X and Z (CA, 2007)

CONVENTION AGAINST TORTURE

Whether duty to consider in context of refugee status determination
R v Refugee Status Appeals Authority

Whether relevant to interpretation of Article 1F(b)
S v Refugee Status Appeals Authority (CA)

CONVENTION ON THE RIGHTS OF THE CHILD

Position of a child included in a refugee application
Daya Ram Dayal v Refugee Status Appeals Authority

CREDIBILITY FINDINGS

Errors of fact

Materiality - Whether serious errors of fact a breach of the rules of fairness
Sakran v Minister of Immigration

Findings based on implausibility

Whether jurisdiction to determine plausibility
M v Refugee Status Appeals Authority (No. 5)

Whether jurisdiction to determine plausibility - Scope of challenge on judicial review
X & Y  v  Refugee Status Appeals Authority

Lies

Significance of
AA v Refugee Status Appeals Authority

Whether independent evidence required before adverse finding can be made

AA v Refugee Status Appeals Authority

DETENTION

Access to bail

Detention on passport charges under the Crimes Act 1961, s 229A - Detention for period in excess of likely penalty
A v New Zealand Police

Whether High Court has jurisdiction to grant bail on direct application not ancillary to some other process before the Court
Zaoui v Attorney-General

Detention for unreasonable period

Public interest - Exceptional circumstances - Whether detention in custody pending removal may become illegal if it continues for unreasonable period - Immigration Act 1987, s 60
Chief Executive of the Department of Labour v Yadegary (CA, 2008)

Whether detention in custody pending removal may become illegal if it continues for unreasonable period - Immigration Act s 60
Mohebbi v Department of Labour

Whether detention in custody pending removal may become illegal if it continues for unreasonable period - Whether the principles in Hardial Singh apply - Immigration Act 1987, ss 59 & 60
Yadegary v Manager, Custodial Services, Auckland Central Remand Prison

Whether detention in custody pending removal may become illegal if it continues for unreasonable period - Circumstances why detention not unreasonable
Tishkovets v Minister of Immigration

Whether power to detain a person whose identity is known in order to force that person to produce a passport or to assist the Immigration Service in the application for a passport
Mohebbi v Minister of Immigration

Detention pending determination of refugee status

Whether detention in custody pending determination of refugee status lawful - Immigration Act 1987, s 128
Malkit Singh v Attorney General

Whether detention in custody pending determination of refugee status lawful - Immigration Act 1987, s 128(7) - Relevance of UNHCR Guidelines on Detention of Asylum-Seekers
Abu v Superintendent of Mt Eden Women's Prison

Whether detention in custody pending determination of refugee status lawful - Immigration Act 1987, s 128(7)
F v Superintendent of Mt Eden Prison

Habeas corpus and judicial review

Whether application for a writ of habeas corpus may be treated as a means of appealing from a decision of the District Court to extend warrant of commitment
Abu v Superintendent of Mt Eden Women's Prison

Whether application for a writ of habeas corpus may be treated as an application for judicial review of the decision of the New Zealand Immigration Service to deny a temporary permit
Abu v Superintendent of Mt Eden Women's Prison

Operational Instructions

Whether Operational Instruction of 19 September 2001 lawful - Immigration Act 1987, ss 128, 128A, 129X
Attorney-General v Refugee Council of New Zealand Inc (CA)
Refugee Council of New Zealand Inc v Attorney-General (No 2)
Refugee Council of New Zealand Inc v Attorney-General (No 1)

Relevance of UNHCR Guidelines

Relevance of Excom Conclusion No. 44 - Relevance of UNHCR Guidelines on applicable criteria and standards relating to the detention of asylum-seekers - Immigration Act 1987, ss 128, 128A, 128AA
Attorney-General v Refugee Council of New Zealand Inc (CA)

Whether UNHCR Guidelines on Detention of Asylum-Seekers relevant consideration - Whether Guidelines impose obligations on Minister of Immigration
Attorney-General v E (CA)

Removal from New Zealand under police escort

Whether obligation on Immigration New Zealand to offer election whether to leave voluntarily or by force - Whether refusal to leave voluntarily and consequential increased attention on arrival in home country relevant - Immigration Act 1987, s 59
Zayr v Chief Executive, Department of Labour

DISABILITY

Mental disability

Whether appropriate approach taken
R v Refugee Status Appeals Authority

EVIDENCE

Burden of proof
Ally Hassan Mohammed v Refugee Status Appeals Authority

Evidential difficulties in refugee determination - Inapplicability of rules of evidence - Inquisitorial process
Attorney-General (Minister of Immigration) v Tamil X (NZSC, 2010)

Weight to be given to airport interview
K v Refugee Status Appeals Authority

Expert evidence

Whether RSAA obliged to accept evidence of expert
Razak v Refugee Status Appeals Authority

EXCLUSION

Article 1F(a)

Confidentiality of evidence given by refugee claimant
Attorney-General v X (NZSC, 2008)

Crime against humanity - Whether necessary to specify proscribed act only or whether necessary to identify a specific instance of a proscribed act - Refugee Convention 1951 Article 1F(a)
X & Y  v  Refugee Status Appeals Authority

Crimes against humanity - ascertaining meaning of
Attorney-General (Minister of Immigration) v Tamil X (NZSC, 2010)

Genocide - Cancellation proceedings - Confidentiality of evidence given by refugee - Immigration Act 1987, s 129T
Z v Attorney-General

Standard of proof under Article 1F(a) - Whether membership of a group without more sufficient under Article 1F(a)
Gabriel Sequeiros Garate v Refugee Status Appeals Authority

Article 1F(b)

Standard of proof under Article 1F(b) - Whether lower standard of proof than balance of probabilities
S v Refugee Status Appeals Authority

Non-political crime - Meaning of non-political - Refugee Convention 1951 Article 1F(b)
X & Y  v  Refugee Status Appeals Authority

Non-political crime - Meaning of non-political
S v Refugee Status Appeals Authority (CA)

Non-political crime - Meaning of non-political
S v Refugee Status Appeals Authority

Non-political crime - Meaning of
Attorney-General (Minister of Immigration) v Tamil X (NZSC, 2010)

Serious non-political crime - Meaning of serious
S v Refugee Status Appeals Authority (CA)

Serious non-political crime - Meaning of serious
S v Refugee Status Appeals Authority

Serious non-political crime - Whether seriousness of crime to be weighed against the
gravity of the consequences of return to country of origin
S v Refugee Status Appeals Authority (CA)

Serious non-political crime - Whether seriousness of crime to be weighed against the gravity of the consequences of return to country of origin
S v Refugee Status Appeals Authority

Burden of proof

Whether legal burden of proof on Executive
X & Y  v  Refugee Status Appeals Authority

Complicity

Joint enterprise liability - Crimes against humanity
Attorney-General (Minister of Immigration) v Tamil X (NZSC, 2010)

Level of knowledge and involvement required
X & Y  v  Refugee Status Appeals Authority

Serious reasons for considering

How standard to be applied
Attorney-General (Minister of Immigration) v Tamil X (NZSC, 2010)

Refugee claimant correctly found to be excluded but may not have committed war crimes or crimes against humanity - Refugee Convention Article 1F(a)
Attorney-General v X and Z (CA, 2007)

Standard of proof

Standard of proof under Article 1F(a) - Whether membership of a group without more sufficient under Article 1F(a)
Gabriel Sequeiros Garate v Refugee Status Appeals Authority

Standard of proof under Article 1F(a) - Whether lower standard of proof than balance of probabilities
X & Y  v  Refugee Status Appeals Authority


EXTRADITION

Confidentiality


Whether evidence produced by refugee claimant available for use in non-refugee proceedings, particularly extradition proceedings or proceedings in New Zealand for genocide or crimes against humanity
Attorney-General v X (NZSC, 2008)

Relationship to Refugee Convention

Non-political crime

Attorney-General (Minister of Immigration) v Tamil X (NZSC, 2010)

FAMILY

Inclusion of claimant's family in refugee application form - Misleading nature of refugee application form
Gabriel Sequeiros Garate v Refugee Status Appeals Authority

Legitimate expectation of the claimant's family
Gabriel Sequeiros Garate v Refugee Status Appeals Authority

FOR A CONVENTION REASON - NEXUS

State protection - Whether RSAA had failed to deal with issue whether failure of state protection had nexus to a Convention reason
Daya Ram Dayal v Refugee Status Appeals Authority

HABEAS CORPUS

Whether detention in custody pending removal lawful
Achhido, Fiagadzi and Adiza v The Governor of Mt Eden Prison; Department of Labour/NZIS

Whether detention in custody pending removal may become illegal if it continues for unreasonable period - circumstances why detention not unreasonable
Tishkovets v Minister of Immigration

Whether detention in custody pending determination of refugee status lawful - Immigration Act 1987, s 128(7) - Relevance of UNHCR Guidelines on Detention of Asylum-Seekers
Abu v Superintendent of Mt Eden Women's Prison

Whether detention in custody pending determination of refugee status lawful - Immigration Act 1987, s 128(7)
F v Superintendent of Mt Eden Prison

Whether application for a writ of habeas corpus may be treated as a means of appealing from a decision of the District Court to extend warrant of commitment
Abu v Superintendent of Mt Eden Women's Prison

Whether application for a writ of habeas corpus may be treated as an application for judicial review of the decision of the New Zealand Immigration Service to deny a temporary permit
Abu v Superintendent of Mt Eden Women's Prison

Appropriate manner of application

Whether jurisdiction to make order on ex parte basis
Sylva v Minister of Immigration

Detention

Warrant of commitment issued for 14 days but incorrectly specifying 28 days - Whether detention unlawful - Relevant date for considering lawfulness of warrant - Correct defendant - Habeas Corpus Act, s 8 - Immigration Act 2009, ss 316, 317 and 443
Paternostro v Chief Executive of Department of Labour (CA, 2011)

Whether power to detain a person whose identity is known in order to force that person to produce a passport or to assist the Immigration Service in the application for a passport - Habeas Corpus Act 2001, ss 9(2) & 14(1)
Mohebbi v Minister of Immigration

IMMIGRATION ACT 1987

Confidentiality

Application of s 129T to documents seized by Police - Immigration Act 1987, s 129T
MA v Attorney-General (No. 3) (NZSC, 2010)
MA v Attorney-General (No. 2) (CA, 2009)
MA v Attorney-General 

Application of s 129T to refugee applications made after 1 October 1999
Ghuman v Registrar of the Auckland District Court

Genocide - Cancellation proceedings - Confidentiality of evidence given by refugee - Immigration Act 1987, s 129T
Z v Attorney-General

Use of refugee evidence in other proceedings - Confidentiality of evidence given by refugee claimant - Immigration Act 1987, s 129T
Attorney-General v X (NZSC, 2008)
Attorney-General v X and Z (CA, 2007)

Detention

Whether High Court has jurisdiction to grant bail on direct application not ancillary to some other process before the Court
Zaoui v Attorney-General

Whether power to detain a person whose identity is known in order to force that person to produce a passport or to assist the Immigration Service in the application for a passport - Immigration Act 1987, ss 60 & 138A
Mohebbi v Minister of Immigration

Access to bail - Whether Operational Instruction of 19 September 2001 lawful - Immigration Act 1987, ss 128, 128A, 129X
Attorney-General v Refugee Council of New Zealand Inc (CA)
Refugee Council of New Zealand Inc v Attorney-General (No 2)
Refugee Council of New Zealand Inc v Attorney-General (No 1)

Whether detention in custody pending removal may become illegal if it continues for unreasonable period - Circumstances why detention not unreasonable
Tishkovets v Minister of Immigration

Whether detention in custody pending determination of refugee status lawful - Immigration Act 1987, s 128
Malkit Singh v Attorney General

Whether Article 31 of the Refugee Convention and the UNHCR Guidelines on Detention of Asylum-Seekers and related documents relevant material for District Court Judge to consider under Immigration Act 1987, ss 128 & 128A
Attorney-General v E (CA)

Whether detention in custody pending determination of refugee status lawful - Immigration Act 1987, s 128(7) - Relevance of UNHCR Guidelines on Detention of Asylum-Seekers
Abu v Superintendent of Mt Eden Women's Prison

Whether detention in custody pending determination of refugee status lawful - Immigration Act 1987, s 128(7)
F v Superintendent of Mt Eden Prison

Section 63(3) Immigration Act 1987
Parkash Mann v Attorney-General

Effect of claimant leaving New Zealand

Application of s 129V to refugee applications made after 1 October 1999
Ghuman v Registrar of the Auckland District Court

First available craft

First available craft - Immigration Act s 128(5)
Attorney-General v Refugee Council of New Zealand Inc (CA)

Humanitarian appeal

Employment - Discrimination in the obtaining of - Immigration Act 1987 s 47 and s 115A
H v Chief Executive of the Department of Labour

Relationship with grant or denial of refugee status
H v Chief Executive of the Department of Labour

Judicial review

Whether judicial review part of the process given by the Act
Sylva v Minister of Immigration

Relevance of grant of refugee status

Bail - Jurisdiction to grant bail on direct application not ancillary to some other process before the Court - Immigration Act 1987, ss 114D, 114H, 114I, 114O, 128, 128B, 140(5), 150
Zaoui v Attorney-General

Whether grant of refugee status changes immigration status of refugee - Whether grant leads automatically to residence permit
Singh (Santokh) v Refugee Status Appeals Authority

Removal from New Zealand under police escort

Whether obligation on Immigration New Zealand to offer election whether to leave voluntarily or by force - whether refusal to leave voluntarily and consequential increased attention on arrival in home country relevant - Immigration Act 1987, s 59
Zayr v Chief Executive, Department of Labour

Residence permit on humanitarian grounds

Whether expectation that Minister would consider possible qualification by unsuccessful refugee claimant for a residence permit on general humanitarian grounds
Khalon v Attorney-General (Minister of Immigration)

Responsibility to establish refugee claim

Whether a burden of proof
Refugee Council of New Zealand Inc v Attorney-General (No 2)

Meaning of - Whether a burden of proof - Immigration Act 1987, ss 129G(5) and 129P(1)
Jiao v Refugee Status Appeals Authority and Attorney-General (CA)
Jiao v Refugee Status Appeals Authority

Meaning of - Whether an onus of proof - Immigration Act 1987, s 129P(1)
T v Refugee Status Appeals Authority

Revocation of temporary permit

Revocation of temporary permit - Grounds of revocation - Whether formal condition must be attached to permit before revocation can occur - Immigration Act 1987, s 33
Naremanov v Refugee Status Appeals Authority

Service of notice revoking temporary permit - Meaning of personal service and of registered post - Immigration Act 1987 ss 2 & 46
Naremanov v Refugee Status Appeals Authority

Temporary permit

Whether immigration officer under an obligation to apply presumption in favour of the grant of temporary permits in the absence of special factors making detention necessary - Whether immigration officers required to have regard to Refugee Convention when temporary permit provisions of the Immigration Act 1987 are applied to refugee claimants - Immigration Act 1987, s 129X(2)
Attorney-General v E (CA)

Access to lawyer

New Zealand Bill of Rights Act 1990, s 23(1)(b) - Access to a lawyer - Whether detained under any enactment - Whether refugee claimant denied right to consult and instruct a lawyer - Denial of refugee claimants or immigrants of prompt access to a lawyer - Immigration Act s 140(4)
Malkit Singh v Attorney General

INTERNAL PROTECTION ALTERNATIVE

Relocation - Internal flight alternative
Surinder Paul v Refugee Status Appeals Authority

Relocation

Internal flight alternative - Reasonableness - Whether tribunal commits error of law in not separately addressing the reasonableness element if no such element presented as arising from the facts
Butler v Attorney-General (CA)

Internal flight alternative - Reasonableness - Whether reasonableness element a stand alone test - Relevance of social, economic and political circumstances of the application, including the circumstances of members of the family
Butler v Attorney-General (CA)

INTERPRETER

Whether RSAA wrong to conclude it had no concerns about standard of interpretation
Sylva v Minister of Immigration

Whether refugee claimant suffered any significant disadvantage because of language difficulty
C v Refugee Status Appeals Authority

Whether refugee claimant substantially prejudiced - Whether presence of an interpreter would have led to a different conclusion
Achhido, Fiagadzi and Adiza v The Governor of Mt Eden Prison; Department of Labour/NZIS

Whether challenge to refusal to change interpreter restricted until after hearing has finished - Whether there may be exceptional circumstances where a decision made in the course of hearing concerning interpreter may be of such importance and so obviously wrong to justify review before hearing finished - Whether interpreter independent - Whether standard of interpretation need be one of perfection - Whether clear and convincing evidence required that interpreter not competent
A v Refugee Status Appeals Authority

Bias - Weight to be given to evidence - Rules of fairness - Application of the real chance test - Credibility findings - Legal representation - Interpreter
Zhan v Refugee Status Appeals Authority

Whether duty to provide adequate interpreting and translation services
B v Refugee Status Appeals Authority

JUDICIAL REVIEW

Adjournment

Jurisdiction to review decision of RSAA not to adjourn
Aivazov v Refugee Status Appeals Authority

Admission of new evidence on review

Whether fresh evidence admissible
So M v Refugee Status Appeals Authority
A M v Refugee Status Appeals Authority
ASA v Refugee Status Appeals Authority

Whether further medical evidence admissible
Don v Refugee Status Appeals Authority

Approach of High Court on judicial review
DG v Refugee Status Appeals Authority

Approach to judicial review of RSAA decisions
Attorney-General (Minister of Immigration) v Tamil X (NZSC, 2010)
M v Refugee Status Appeals Authority (No. 5)
MN v Refugee Status Appeals Authority
X  v  Refugee Status Appeals Authority (Courtney J, 19 March 2008)
M v Refugee Status Appeals Authority (No. 4)
GA v Refugee Status Appeals Authority
So M v Refugee Status Appeals Authority
A M v Refugee Status Appeals Authority
A v Chief Executive of the Department of Labour
B v Refugee Status Appeals Authority

Intensity of review
Isak v Refugee Status Appeals Authority

Specialist tribunal
S v Chief Executive of Department of Labour
Sylva v Minister of Immigration

Judicial review not an appeal
S v Chief Executive of Department of Labour

Judicial review not an appeal - Challenge to credibility finding
Sylva v Minister of Immigration

Judicial review not an appeal - Challenge to credibility finding
C v Refugee Status Appeals Authority

Judicial review not an appeal - Challenge to credibility finding - Immigration Act 1987, s 129Q(5)
M v Refugee Status Appeals Authority

Approach of High Court on judicial review
K v Refugee Status Appeals Authority

Reasonableness - Specialist tribunal
Surinder Paul v Refugee Status Appeals Authority

Bias

Whether evidence that RSAA biased against refugee claimants from Nigeria
Sylva v Minister of Immigration

Bias - Weight to be given to evidence - Rules of fairness - Application of the real chance test - Credibility findings - Legal representation - Interpreter
Zhan v Refugee Status Appeals Authority

Challenge to Operational Instruction

Challenge to Operational Instruction - Whether challenge possible - Whether lawfulness of Instruction to be coloured by its mode of implementation
Attorney-General v Refugee Council of New Zealand Inc (CA)

Commencement of proceedings within three months

Whether special circumstances for allowing further time - Immigration Act 1987, s 146A
M R v Refugee Status Appeals Authority
M v Refugee Status Appeals Authority (No. 4)

Costs

Application for leave to bring judicial review proceedings out of time - Application declined - Whether Minister to be awarded costs - High Court Rules, Rule 14.1
Ly v Minister of Immigration

Interim order application dismissed - Whether Minister to be awarded costs - Whether reduction in costs appropriate - High Court Rules, Rule 14.7

Teng v Minister of Immigration

Whether costs should be awarded against legally aided plaintiffs who discontinued judicial review proceedings day before substantive hearing - Legal Services Act 2000, s 40(5)

E & W v Refugee Status Appeals Authority

Whether plaintiff in person in modest circumstances justified departure from principle that costs should follow the event - Whether reduction in costs appropriate - High Court Rules, Rule 14.7
M v Department of Labour

Whether plaintiff in person in modest circumstances justified departure from principle that costs should follow the event - Whether reduction in costs appropriate - High Court Rules, Rule 14.7
M v Refugee Status Appeals Authority (No. 6)

Credibility findings
So M v Refugee Status Appeals Authority
A M v Refugee Status Appeals Authority

Implausibility - Finding of - Principles of review
GA v Refugee Status Appeals Authority
O & L v Refugee Status Appeals Authority
Sadeghi v Refugee Status Appeal Authority
U & V v Refugee Status Appeals Authority

Difficulty in challenging credibility finding
Sadeghi v Refugee Status Appeal Authority
Sylva v Minister of Immigration

Whether RSAA able to make findings of credibility different to those made by the refugee status officer
Achhido, Fiagadzi and Adiza v The Governor of Mt Eden Prison; Department of Labour/NZIS

Whether notice must be given of a proposed adverse credibility finding
M v Refugee Status Appeals Authority (No. 5)
T v Refugee Status Appeals Authority (No. 2)
Khalon v Attorney-General (Minister of Immigration)

Whether notice must be given of a proposed adverse finding and that other witnesses should be called
HP v Refugee Status Appeals Authority

Jurisdiction to review credibility finding of RSAA
B v Refugee Status Appeals Authority

Whether obligation on refugee claimant to obtain reliable evidence from other sources to substantiate claim to refugee status - Obligation on claimant to ensure that all information, evidence and submissions in support of application provided - Immigration Act 1987, s 129P(1)
Don v Refugee Status Appeals Authority

Bias - Weight to be given to evidence - Rules of fairness - Application of the real chance test - Credibility findings - Legal representation - Interpreter
Zhan v Refugee Status Appeals Authority

Whether obligation to draw attention to potential adverse credibility findings
B v Refugee Status Appeals Authority

Reasonableness - Challenge to credibility findings
K v Refugee Status Appeals Authority

Reasonableness - Challenge to credibility finding
Ally Hassan Mohammed v Refugee Status Appeals Authority

Reasonableness - Challenge to finding of fact
Y v Refugee Status Appeals Authority

Reasonableness - Challenge to findings of fact
Daya Ram Dayal v Refugee Status Appeals Authority

Curing

Whether once the entire process is completed and both the refugee status officer and RSAA decisions have been made the court may review those decisions - Effect of failings in the decision of the refugee status officer
M v Refugee Status Appeals Authority (No. 3)

Deference to RSAA
Challenge on grounds of unreasonableness
GA v Refugee Status Appeals Authority
A v Chief Executive of the Department of Labour
O & L v Refugee Status Appeals Authority
U & V v Refugee Status Appeals Authority

Delay

Delay - Effect of
Daya Ram Dayal v Refugee Status Appeals Authority

Delay - Effect of
B v Refugee Status Appeals Authority

Detention

Access to bail - Immigration Act 1987, ss 128, 128A, 129X
Refugee Council of New Zealand Inc v Attorney-General (No 2)
Refugee Council of New Zealand Inc v Attorney-General (No 1)

Whether detention in custody pending removal unlawful
Sylva v Minister of Immigration

Whether detention in custody pending removal may become illegal if it continues for unreasonable period - Circumstances why detention not unreasonable
Tishkovets v Minister of Immigration

Whether detention in custody pending determination of refugee status lawful - Immigration Act 1987, s 128
Malkit Singh v Attorney General

Whether Article 31 of the Refugee Convention and the UNHCR Guidelines on Detention of Asylum-Seekers and related documents relevant material for District Court Judge to consider under Immigration Act 1987, ss 128 & 128A
Attorney-General v E (CA)

Whether detention in custody pending determination of refugee status lawful - Immigration Act 1987, s 128(7) - Relevance of UNHCR Guidelines on Detention of Asylum-Seekers
Abu v Superintendent of Mt Eden Women's Prison

Whether detention in custody pending determination of refugee status lawful - Immigration Act 1987, s 128(7)
F v Superintendent of Mt Eden Prison

Whether application for a writ of habeas corpus may be treated as a means of appealing from a decision of the District Court to extend warrant of commitment
Abu v Superintendent of Mt Eden Women's Prison

Whether application for a writ of habeas corpus may be treated as an application for judicial review of the decision of the New Zealand Immigration Service to deny a temporary permit
Abu v Superintendent of Mt Eden Women's Prison

Discretion to grant relief

Whether error of law had material effect on RSAA decision
DG v Refugee Status Appeals Authority

Interim order - Discretion to grant relief - Effect of right of appeal - Whether full de novo hearing before Refugee Status Appeals Authority sufficient to deny interim relief
Malkit Singh v Attorney General

Duty to investigate

Immigration Act s 129P
So M v Refugee Status Appeals Authority
A M v Refugee Status Appeals Authority

Whether Refugee Status Appeals Authority (RSAA) under a duty to make enquiries and to investigate - s 129P(2)
Jiao v Refugee Status Appeals Authority

Whether Refugee Status Appeals Authority (RSAA) under a duty to make enquiries and to investigate - Test for determining when RSAA under such duty - Factors to be taken into account by RSAA in determining whether to make enquiries or to investigate
AB v Refugee Status Appeals Authority

Whether RSAA under duty to seek information, evidence or submissions further to that provided by refugee claimant - Whether RSAA entitled to determine appeal on basis of information, evidence and submissions provided by the claimant - Immigration Act 1987, s 129P(2)
Don v Refugee Status Appeals Authority

Effect of remitting decision

Effect of remitting decision to RSAA and RRA for reconsideration
B v Refugee Status Appeals Authority

Error of law

Whether question of error of law to be assessed by reference to the law at the time the tribunal made the decision or at the time of hearing the application for review
Butler v Attorney-General (CA)

Evidence taken in absence

Whether Refugee Status Appeals Authority (RSAA) able to hear evidence in the absence of appellant
ASA v Refugee Status Appeals Authority

Expert evidence

Whether RSAA obliged to accept evidence of expert
Razak v Refugee Status Appeals Authority

Extension of time

Whether fact that applicant not aware of need to bring application for judicial review within three months a special circumstance - Immigration Act 1987, s 147A
Achhido, Fiagadzi and Adiza v The Governor of Mt Eden Prison; Department of Labour/NZIS

Failure to consider evidence
A v Chief Executive of the Department of Labour

Whether RSAA failed to take evidence into account
Razak v Refugee Status Appeals Authority
D v Refugee Status Appeals Authority

Whether error of law to fail to consider evidence
TN v Refugee Status Appeals Authority

Failure to consider issue

Whether error of law to fail to consider matter not raised
Jiao v Refugee Status Appeals Authority and Attorney-General (CA)

Fairness

Whether notice must be given of proposed credibility finding
M v Refugee Status Appeals Authority (No. 3)

Credibility findings - Whether amenable to judicial review
X  v  Refugee Status Appeals Authority (Courtney J, 19 March 2008)

Credibility findings - Whether notice given of adverse credibility findings
AA v Refugee Status Appeals Authority

Credibility findings - Whether notice must be given of a proposed adverse credibility finding
So M v Refugee Status Appeals Authority
Achhido, Fiagadzi and Adiza v The Governor of Mt Eden Prison; Department of Labour/NZIS

Mistake of fact - Date at which issue of mistake to be looked at - Whether appropriate to allow by affidavit material not before decision-maker and largely brought into existence after the impugned decision had been made and for the purpose of casting doubt on the substantive reasonableness of the decision
AB v Refugee Status Appeals Authority

Mistake of fact - Whether mistake of fact applies as a basis for judicial review when more than one view of the facts can reasonably be held - Circumstances in which it is relevant that the RSAA is a specialist tribunal
AB v Refugee Status Appeals Authority

Whether notice must be given of a proposed adverse credibility finding
T v Refugee Status Appeals Authority (No. 2)
Khalon v Attorney-General (Minister of Immigration)

Whether notice must be given of a proposed adverse finding and that other witnesses should be called
HP v Refugee Status Appeals Authority

Whether in refugee cases only the highest standards of fairness suffice
Khalon v Attorney-General (Minister of Immigration)

Bias - Weight to be given to evidence - Rules of fairness - Application of the real chance test - Credibility findings - Legal representation - Interpreter
Zhan v Refugee Status Appeals Authority

Whether requirement to put NZIS recommendations to the plaintiff
Parkash Mann v Attorney-General

Whether Refugee Status Appeals Authority (RSAA) able to hear evidence in the absence of appellant
ASA v Refugee Status Appeals Authority

Whether adequate notice must be given of evidence and of earlier decision to be relied upon by the RSAA
Singh (Santokh) v Refugee Status Appeals Authority (No. 2)

Whether Refugee Status Appeals Authority (RSAA) under a duty to make enquiries and to investigate - Test for determining when RSAA under such duty - Factors to be taken into account by RSAA in determining whether to make enquiries or to investigate
AB v Refugee Status Appeals Authority

Habeas corpus

Appropriate manner of application - Whether jurisdiction to make order on ex parte basis
Sylva v Minister of Immigration

Whether detention in custody pending determination of refugee status lawful - Immigration Act 1987, s 128(7)
F v Superintendent of Mt Eden Prison

Whether detention in custody pending determination of refugee status lawful - Immigration Act 1987, s 128(7) - Relevance of UNHCR Guidelines on Detention of Asylum-Seekers
Abu v Superintendent of Mt Eden Women's Prison

Whether application for a writ of habeas corpus may be treated as a means of appealing from a decision of the District Court to extend warrant of commitment
Abu v Superintendent of Mt Eden Women's Prison

Whether application for a writ of habeas corpus may be treated as an application for judicial review of the decision of the New Zealand Immigration Service to deny a temporary permit
Abu v Superintendent of Mt Eden Women's Prison

Whether detention in custody pending removal may become illegal if it continues for unreasonable period - circumstances why detention not unreasonable
Tishkovets v Minister of Immigration

Implausibility

Finding of - Imperfections in credibility finding to be read in context of other credibility findings
Sadeghi v Refugee Status Appeal Authority

Finding of - Principles of review
X & Y  v  Refugee Status Appeals Authority
GA v Refugee Status Appeals Authority
O & L v Refugee Status Appeals Authority
U & V v Refugee Status Appeals Authority

Inconsistency

Inconsistency between decision of RSAA and Minister
Parkash Mann v Attorney-General

Natural justice - Different conclusions by Refugee Status Appeals Authority and New Zealand Immigration Service on the facts
Parkash Mann v Attorney-General

Inconsistency between decisions of RSAA
F v Refugee Status Appeals Authority

Inconsistent findings

So M v Refugee Status Appeals Authority

Ineffective counsel

Whether fault on part of counsel gives right to judicially review decision
Isak v Refugee Status Appeals Authority
HP v Refugee Status Appeals Authority

Whether established on the facts
M v Refugee Status Appeals Authority

Interim order

Application to prevent refugee status officer determining cancellation proceedings prior to meaning of confidentiality provision being determined in the Court of Appeal in a related case
Z v Attorney-General

Application to prevent removal from New Zealand pending judicial review hearing - Threshold test
X  v  Refugee Status Appeals Authority (Courtney J, 19 March 2008)

Application to prevent removal from New Zealand pending judicial review hearing - Threshold test - Standard to be met in interim order application in immigration context
Sylva v Minister of Immigration

Application to prevent removal from New Zealand pending judicial review hearing - Standard to be met in interim order application in immigration context
Mahinder Singh v Minister of Immigration (CA, 2009)

Application to prevent removal from New Zealand pending hearing - Inability to establish factual basis for judicial review until transcript of refugee hearing available - Judicature Amendment Act 1972, s 8(1)
Avtar Singh v Refugee Status Branch

Application to prevent removal from New Zealand pending hearing - Inability to establish factual basis for judicial review until transcript of refugee hearing available - Judicature Amendment Act 1972, s 8(1)
Amarjit Singh v Refugee Status Branch

Application for interim order preventing removal from New Zealand pending determination of substantive claim for judicial review against the decision of the Refugee Status Appeals Authority
Ally Hassan Mohammed v Refugee Status Appeals Authority

Discretion to grant relief - Effect of right of appeal - Whether full de novo hearing before Refugee Status Appeals Authority sufficient to deny interim relief - New Zealand Bill of Rights Act 1990, s 27
Malkit Singh v Attorney General (CA)

Discretion to grant relief - Whether fact that applicant has absconded relevant to exercise of discretion - Grant of relief on conditions
M v Refugee Status Appeals Authority (No. 3)

Removal order - Application for interim order pending determination of substantive claim for judicial review against the decisions of the Minister of Immigration and the Refugee Status Appeals Authority - Judicature Amendment Act 1972, s 8(1) - Immigration Act 1987, s 63(3)
Teerath Singh v Refugee Status Appeals Authority

Removal order - Application for interim order pending determination of substantive claim for judicial review against the decisions of the Refugee Status Branch and the Refugee Status Appeals Authority - Judicature Amendment Act 1972, s 8(1)
Pargat Singh v Refugee Status Branch

Disposal of case on undertakings by Crown
Amarverinder Singh v Refugee Status Appeals Authority

Discretion to grant relief - Effect of right of appeal - Whether full de novo hearing before Refugee Status Appeals Authority sufficient to deny interim relief
Malkit Singh v Attorney General

Jurisdiction to Review

Refugee status determination procedures - Whether decisions of Refugee Status Appeals Authority reviewable - Effectiveness of RSAA decision in respect of immigration status
Butler v Attorney-General (CA)

Whether decision to arrange independent interpreter amenable to review - Whether challenge to independence or competence of interpreter should be made before the hearing has finished and a decision given - Standard of independence - Standard of interpretation - Immigration (Refugee Processing) Regulations 1999, Reg 20(1)
A v Refugee Status Appeals Authority

Whether decisions of RSAA prior to 1 October 1999 amenable to judicial review
Singh (Santokh) v Refugee Status Appeals Authority

Legitimate expectation

Whether expectation that Minister would consider possible qualification by unsuccessful refugee claimant for a residence permit on general humanitarian grounds
Khalon v Attorney-General (Minister of Immigration)

Legitimate expectation of the claimant's family
Gabriel Sequeiros Garate v Refugee Status Appeals Authority

Whether presumption in favour of grant of temporary permit to refugee claimant in absence of special factors
Attorney-General v E (CA)

Mistake of fact

Materiality - Whether serious errors of fact a breach of the rules of fairness 
Sakran v Minister of Immigration

Date at which issue of mistake to be looked at - Whether appropriate to allow by affidavit material not before decision-maker and largely brought into existence after the impugned decision had been made and for the purpose of casting doubt on the substantive reasonableness of the decision
A v Refugee Status Appeals Authority

Whether mistake of fact a ground for judicial review
So M v Refugee Status Appeals Authority
A M v Refugee Status Appeals Authority

Whether mistake of fact applies as a basis for judicial review when more than one view of the facts can reasonably be held - Circumstances in which it is relevant that the RSAA is a specialist tribunal
A v Refugee Status Appeals Authority

Nature of judicial review

Nature of judicial review
X & Y  v  Refugee Status Appeals Authority
Gabriel Sequeiros Garate v Refugee Status Appeals Authority

New grounds

Whether completely new matters can be raised on review
TN v Refugee Status Appeals Authority

Whether on judicial review refugee claimant can advance claim to refugee status on significantly different grounds
A M v Refugee Status Appeals Authority

New grounds in Court of Appeal

Grounds of challenge in the Court of Appeal markedly different from those argued in the High Court - Whether new grounds should be considered
Butler v Attorney-General (CA)

Not an appeal

Challenge to credibility finding
M v Refugee Status Appeals Authority (No. 5)

Proceedings without any foundation

Costs - Whether order for payment of costs should be made against counsel and solicitors
M v Refugee Status Appeals Authority (No. 2)

Costs - Whether order for payment of costs should be made against counsel and solicitors
M v Refugee Status Appeals Authority

Quashing a decision where no unlawfulness, irrationality or procedural error by tribunal

Whether possible - Error by counsel
Isak v Refugee Status Appeals Authority

Reasons

Proper approach to review of reasons
B v Refugee Status Appeals Authority

Reasonableness

Reasonableness - Specialist tribunal
Surinder Paul v Refugee Status Appeals Authority

Reasonableness - Challenge to credibility finding
Ally Hassan Mohammed v Refugee Status Appeals Authority
K v Refugee Status Appeals Authority
M v Refugee Status Appeals Authority

Elements required to establish unreasonableness
Parkash Mann v Attorney-General

Challenge to finding of fact
Tishkovets v Refugee Status Appeals Authority

Reasonableness - Challenge to finding of fact
Y v Refugee Status Appeals Authority

Reasonableness - Challenge to findings of fact
A v Chief Executive of the Department of Labour
Daya Ram Dayal v Refugee Status Appeals Authority

Reasonableness - Challenge to credibility findings
ASA v Refugee Status Appeals Authority

Record

Scope of the record - Inadmissible evidence - Whether to be struck from the record
JJAJ v Refugee Status Appeals Authority

Relevant considerations

Whether judicial officer must refer to every specific item of evidence when giving reasons for decision - Whether distinction between taking into account relevant considerations and taking into account particular pieces of evidence
Don v Refugee Status Appeals Authority

Whether immigration officers required to have regard to Refugee Convention when temporary permit provisions of the Immigration Act 1987 are applied to refugee claimants - Immigration Act 1987, s 129X(2)
Attorney-General v E (CA)

Whether UNHCR Guidelines on Detention of Asylum-Seekers relevant consideration - Whether Guidelines impose obligations on Minister of Immigration
Attorney-General v E (CA)

Review not an appeal

Challenge to credibility finding
MN v Refugee Status Appeals Authority
GA v Refugee Status Appeals Authority

Whether broad appraisal of factual findings of tribunal to be undertaken
Attorney-General (Minister of Immigration) v Tamil X (NZSC, 2010)

Whether grounds of challenge to credibility finding a review on the merits
Sylva v Minister of Immigration

Whether grounds of challenge relate to merits of RSAA decision and not to manner in which it was made
S v Chief Executive of Department of Labour
T v Refugee Status Appeals Authority (No. 2)
O & L v Refugee Status Appeals Authority
M v Refugee Status Appeals Authority
C v Refugee Status Appeals Authority

Settlement

Interim order - Disposal of case on undertakings by Crown
Amarverinder Singh v Refugee Status Appeals Authority

Transcript

Whether failure to supply a transcript a breach of fairness
T v Refugee Status Appeals Authority (No. 2)

Weight to be given to evidence

Bias - Weight to be given to evidence - Rules of fairness - Application of the real chance test - Credibility findings - Legal representation - Interpreter
Zhan v Refugee Status Appeals Authority

LAW PRACTITIONERS

Proceedings without any foundation

Costs - Whether order for payment of costs should be made against counsel and solicitors
M v Refugee Status Appeals Authority (No. 2)

Costs - Whether order for payment of costs should be made against counsel and solicitors
M v Refugee Status Appeals Authority

LEGAL AID

Decline of legal aid on grounds of insufficient prospects of success

Meaning of prospects of success - Nature of balancing exercise - Whether duty on Legal Services Agency to undertake detailed analysis - Legal Services Act 2000, ss 3, 9(1) and 9(4)
Legal Services Agency v Hosseini

Whether delay in receiving legal aid ground for adjournment of RSAA hearing
Aivazov v Refugee Status Appeals Authority

Whether refusal of legal aid a denial of natural justice

Legal Services Act 2000 ss 9(3), 12(c) and 65(2) - New Zealand Bill of Rights Act 1990, ss 22 and 27 - Refugee Convention Articles 16, 25 and 31
Aivazov v Refugee Status Appeals Authority

MEDICAL EVIDENCE

Cross-examination

Whether obligation on decision-maker to cross-examine medical witness
HP v Refugee Status Appeals Authority
Don v Refugee Status Appeals Authority

Duty to investigate

Whether duty to make enquiries into psychological condition
A M v Refugee Status Appeals Authority

Weight to be given

R v Refugee Status Appeals Authority

Limitations on weight to be given where facts relied on by medical practitioner not accepted by tribunal
HP v Refugee Status Appeals Authority

NATIONAL SECURITY

Complementary protection

Whether deportation on security grounds possible where a danger of arbitrary deprivation of life or being subjected to torture
Zaoui v Attorney-General (No. 2)

Security risk certificate

Inquiry by Inspector-General of Intelligence and Security - whether to determine whether subject of certificate subject to a threat which would or might prevent removal from New Zealand - Immigration Act s 72
Zaoui v Attorney-General (No. 2)

NEW ZEALAND BILL OF RIGHTS ACT

Access to lawyer

Legal representation - Interpreter
Zhan v Refugee Status Appeals Authority

New Zealand Bill of Rights Act 1990, s 23(1)(b) - Access to a lawyer - Whether detained under any enactment - Whether refugee claimant denied right to consult and instruct a lawyer - Denial of refugee claimants or immigrants of prompt access to a lawyer
Malkit Singh v Attorney General

Whether detained under any enactment - Whether refugee claimant denied right to consult and instruct a lawyer - Denial of refugee claimants or immigrants of prompt access to a lawyer
Malkit Singh v Attorney General (CA)

Arbitrary detention

Whether detention which is initially lawful could become arbitrary and unlawful if the purpose of detention under the legislation cannot be fulfilled - New Zealand Bill of Rights Act s 22
Mohebbi v Department of Labour

Right to justice

Whether appeal to RSAA by de novo hearing - Whether RSAA bound by credibility findings made by refugee status officer
M v Refugee Status Appeals Authority (No. 3)

Torture or cruel, degrading, or disproportionately severe treatment or punishment

Whether denial of an emergency social welfare benefit may contravene New Zealand Bill of Rights Act 1990 s 9 where the individual would otherwise be utterly destitute because the state also denies him or her the ability to work - New Zealand Bill of Rights Act s 9
Aziz v Chief Executive of the Ministry of Social Development

OFFENCES

Bail

Detention on passport charges under the Crimes Act 1961, s 229A - Detention for period in excess of likely penalty
A v New Zealand Police

Use of false passport

Reasonable excuse - Passports Act 1992, s 31(1)(f)(i)
Khezri v The Police

Application of Refugee Convention prior to determination of refugee status - Illegal entry to New Zealand - use of false passport - Article 31
Appiah v New Zealand Police

PASSPORT

Detention in custody

Whether power to detain a person whose identity is known in order to force that person to produce a passport or to assist the Immigration Service in the application for a passport
Mohebbi v Minister of Immigration

Evidence

Whether decision on refugee status and the reasons for that decision admissible against defendant
X (CA746/2009) v R (CA, 2010)

Offences

Sentence - Possession of false passport - Factors to be taken into account - Passports Act 1992, s 31(1)(f)(ii)
R v Zanzoul

Sentence - Possession of false passport - Whether sentence manifestly excessive - Factors to be taken into account - Passports Act 1992, s 31(1)(f)(i) - Transnational Organised Crime Bill 2002; UN Convention against Transnational Organized Crime - UN Security Council Resolution 1373
Markevich v R

Reasonable excuse

What would constitute - Passports Act 1992, s 31(1)(f)(ii)
X (CA746/2009) v R (CA, 2010)

What would constitute - Passports Act 1992, s 31(1)(f)(ii)
R v Zanzoul (No. 2) (CA, 2006)

Use of false passport

Whether common
X (CA746/2009) v R (CA, 2010)

Whether common
MN v Refugee Status Appeals Authority

Whether refugee claimant obliged to be candid and truthful about his or her identity
MN v Refugee Status Appeals Authority

PERSECUTION

Meaning of
S v Chief Executive of Department of Labour

Violation of basic human rights other than risk to life or other violence
S v Chief Executive of the Department of Labour (CA, 2007)

Meaning of "state protection"
K v Refugee Status Appeals Authority (No. 2)

Sustained or systemic violation of basic human rights demonstrative of a failure of protection - Meaning of "systemic"
K v Refugee Status Appeals Authority (No. 2)

Sustained or systemic violation of basic human rights demonstrative of a failure of protection - Whether "sustained" and "systemic" synonymous - Whether test conjunctive or disjunctive
DG v Refugee Status Appeals Authority

Isolated incidents of harm - Whether must be part of systemic conduct directed against claimant - Whether global judgment required
DG v Refugee Status Appeals Authority

Whether failure of a government to protect automatically constitutes persecution
DG v Refugee Status Appeals Authority

Whether past harm alone sufficient
DG v Refugee Status Appeals Authority

Discrimination in employment
H v Chief Executive of the Department of Labour

Whether every breach of a human right is persecution - Whether obligation on RSAA to provide exhaustive definition of persecution
Q v Refugee Status Appeals Authority

POLITICAL OPINION

Meaning


Whether complaining to the authorities about fraud a political act or an expression of political opinion

M v Refugee Status Appeals Authority (No. 5)

PRIVILEGE

Immigration advisers

Whether covered by litigation privilege
MA v Attorney-General (No. 2) (CA, 2009)
MA v Attorney-General

Whether covered by litigation privilege - Evidence Act 2006, s 69
MA v Attorney-General (No. 3) (NZSC, 2010)

PROCEDURE OF RSAA

Adjournment application

Whether delay in receiving legal aid ground for adjournment of RSAA hearing
Aivazov v Refugee Status Appeals Authority

Burden of proof

Exclusion - Whether legal burden of proof on Executive
X & Y  v  Refugee Status Appeals Authority

Responsibility to establish refugee claim - Whether need to present evidence as to the reasons for the potential harm
K v Refugee Status Appeals Authority (No. 2)

Responsibility to establish refugee claim - Meaning of - Whether a burden of proof
Refugee Council of New Zealand Inc v Attorney-General (No 2)
Jiao v Refugee Status Appeals Authority and Attorney-General (CA)
Jiao v Refugee Status Appeals Authority

Responsibility to establish refugee claim - Meaning of - Whether an onus of proof
T v Refugee Status Appeals Authority

Whether a burden of proof on refugee claimant
S v Chief Executive of the Department of Labour (CA, 2007)
S v Chief Executive of Department of Labour
C v Refugee Status Appeals Authority

Burden of proof
Ally Hassan Mohammed v Refugee Status Appeals Authority

Whether refugee claimant has the burden of establishing the elements of the claim
Butler v Attorney-General (CA)

Conduct of interview

Purpose of interview - Whether appropriate for interview to be detailed and lengthy - Whether appropriate to be persistent and penetrating with indication of questioner's reaction to answers
C v Refugee Status Appeals Authority

Confidentiality

Application of s 129T to refugee applications made after 1 October 1999
Ghuman v Registrar of the Auckland District Court

Use of refugee evidence in other proceedings including extradition proceedings or proceedings in New Zealand for genocide or crimes against humanity
Attorney-General v X (NZSC, 2008)

Country information

Whether RSAA entitled to take into account country information
Gabriel Sequeiros Garate v Refugee Status Appeals Authority

Decisions

Whether decision must be signed by all members hearing appeal
Achhido, Fiagadzi and Adiza v The Governor of Mt Eden Prison; Department of Labour/NZIS

De novo hearing

Nature of appeal - Whether appeal by de novo hearing
Malkit Singh v Attorney General

Decline of refugee status in another country

Right of appeal to the Refugee Status Appeals Authority - Whether decline of refugee status in another Convention country precludes consideration of refugee application and appeal in New Zealand - Judicature Amendment Act 1972, s 8
Ali v Minister of Immigration

Duty to investigate

Whether RSAA under a duty to make enquiries and to investigate - Test for determining when RSAA under such duty
AB v Refugee Status Appeals Authority

Effect of claimant leaving New Zealand

Application of s 129V to refugee applications made after 1 October 1999
Ghuman v Registrar of the Auckland District Court

Expert evidence

Whether RSAA obliged to accept evidence of expert
Razak v Refugee Status Appeals Authority

Inquisitorial procedure

Reasons for preference for refugee status determination
Attorney-General (Minister of Immigration) v Tamil X (NZSC, 2010)

Whether duty to take inquisitorial approach
T v Refugee Status Appeals Authority (No. 2)

Whether tribunal may adopt either an inquisitorial or adversarial procedure or some combination of both
Jiao v Refugee Status Appeals Authority

Interpreter

Whether challenge to refusal to change interpreter restricted until after hearing has finished - Whether there may be exceptional circumstances where a decision made in the course of hearing concerning interpreter may be of such importance and so obviously wrong to justify review before hearing finished - Whether interpreter independent - Whether standard of interpretation need be one of perfection - Whether clear and convincing evidence required that interpreter not competent
Tishkovets v Minister of Immigration

Interpreter
Zhan v Refugee Status Appeals Authority

Whether duty to provide adequate interpreting and translation services
B v Refugee Status Appeals Authority

Joint hearing

Whether procedurally unfair
X  v  Refugee Status Appeals Authority (Courtney J, 19 March 2008)
So M v Refugee Status Appeals Authority
A M v Refugee Status Appeals Authority

Legal representation

Whether RSAA has obligation to arrange legal representation
Achhido, Fiagadzi and Adiza v The Governor of Mt Eden Prison; Department of Labour/NZIS

Mental disability

Whether RSAA failed to take account refugee claimant mentally and emotionally disturbed
C v Refugee Status Appeals Authority

Nature of appeal

Whether appeal by de novo hearing - Whether RSAA bound by credibility findings made by refugee status officer -  Immigration Act ss 129A, 129N, 129O, 129P - New Zealand Bill of Rights Act, 1990, s 27
M v Refugee Status Appeals Authority (No. 3)

Number of Members to hear appeal

Whether panel of one member in breach of rules of fairness
C v Refugee Status Appeals Authority

Precedence of refugee hearing

Whether extradition proceedings or proceedings in New Zealand for genocide or crimes against humanity to take precedence over determination of claim to refugee status
Attorney-General v X (NZSC, 2008)

Procedural issues

Whether error of law to determine procedural issues at substantive hearing rather than in advance
M v Refugee Status Appeals Authority (No. 4)

Provision of particulars

Whether an appeal should not proceed because insufficient particulars given of case appellant required to meet
M v Refugee Status Appeals Authority (No. 4)

Responsibility to establish refugee claim

Whether matter stands out as requiring decision - Immigration Act 1987, ss 129G(5) and 129P(1)
S v Chief Executive of the Department of Labour (CA, 2007)

Immigration Act 1987, ss 129G(5) and 129P(1)
S v Chief Executive of Department of Labour

Standard of proof for past and present facts

Whether facts need to be proved to a balance of probability standard
R & R v Refugee Status Appeals Authority

Whether standards of persuasion applicable to ordinary judicial proceedings applicable - Approach required by tribunal
Attorney-General (Minister of Immigration) v Tamil X (NZSC, 2010)

Standard of proof for well-foundedness

Whether it must be shown that the risk of being persecuted is more probable than not
Jiao v Refugee Status Appeals Authority and Attorney-General (CA)

Transcript

Whether failure to supply a transcript a breach of fairness
T v Refugee Status Appeals Authority (No. 2)

REFUGEE STATUS APPEALS AUTHORITY

Credibility Assessment

Cultural factors - Significance of decision-maker not having first hand experience of social, political and economic circumstances in country of origin
O & L v Refugee Status Appeals Authority

Circumstances in which credibility not critical to the claim to refugee status
Sakran v Minister of Immigration

Deference

When decision challenged on grounds of unreasonableness
GA v Refugee Status Appeals Authority
O & L v Refugee Status Appeals Authority
U & V v Refugee Status Appeals Authority

Errors of fact in decision

Materiality - Whether serious errors of fact a breach of the rules of fairness
Sakran v Minister of Immigration

Imperfections in decision

Quashing a decision where no unlawfulness, irrationality or procedural error by RSAA - Whether possible - Error by counsel
Isak v Refugee Status Appeals Authority

Imperfections in credibility finding to be read in context of other credibility findings 
Sadeghi v Refugee Status Appeal Authority

Failure to express findings logically and with clarity - Evidential basis for findings available - Effect of
U & V v Refugee Status Appeals Authority

Jurisdiction to review

Whether decisions reviewable
Singh (Santokh) v Refugee Status Appeals Authority
Butler v Attorney-General (CA)

Misleading counsel

Whether complaint established on the facts
HP v Refugee Status Appeals Authority

Refugee Status Appeals Authority inconsistency of decisions

Whether decision of the RSAA in one case which differs from the result in another manifestly unreasonable

F v Refugee Status Appeals Authority

Whether in the period 1991 to 1999 lawfully constituted

Singh (Santokh) v Refugee Status Appeals Authority
 
REFUGEE STATUS BRANCH

Adjournment application

Genocide - Cancellation proceedings - Confidentiality of evidence given by refugee - Immigration Act 1987, s 129T
Z v Attorney-General

Confidentiality

Genocide - Cancellation proceedings - Confidentiality of evidence given by refugee - Immigration Act 1987, s 129T
Z v Attorney-General

Curing

Whether once the entire process is completed and both the refugee status officer and RSAA decisions have been made the court may review those decisions - Effect of failings in the decision of the refugee status officer
M v Refugee Status Appeals Authority (No. 3)

REFUGEE STATUS DETERMINATION

Fair procedures

Whether duty to provide - Whether high level of procedural fairness required
Isak v Refugee Status Appeals Authority

Inquisitorial process

Approach required by decision-maker

Attorney-General (Minister of Immigration) v Tamil X (NZSC, 2010)

RELIGION

Conversion to Christianity

Challenge to finding that refugee claimant a private and low level proselytiser not at risk of persecution
F v Refugee Status Appeals Authority

Whether RSAA entitled to conclude motivation not spiritual, but instrumental or pragmatic
X  v  Refugee Status Appeals Authority (Courtney J, 19 March 2008)

REVOCATION OF PERMIT

Revocation of temporary permit - Grounds of revocation - Whether formal condition must be attached to permit before revocation can occur - Immigration Act 1987, s 33
Naremanov v Refugee Status Appeals Authority

SENTENCING

Aiding a person to remain unlawfully in New Zealand - Sentence - Factors to be taken into account - Deterrence where commercially motivated breaches of Immigration Act 2009 - Crimes Act 1961, s 310 - Immigration Act 1987, s 142
Elliott v R
(CA, 2010)

False declaration in support of refugee application

Factors to be taken into account - Crimes Act 1961, s 229A - Immigration Act 1987, s 142(1)(c)
R v Sabuncuoglu (CA, 2008)

Factors to be taken into account - Crimes Act 1961, ss 111, 117(e) & 257(1)(b)

R v Hassan (CA, 2008)

Fraud

Factors to be taken into account - Crimes Act 1961, s 229A(b) - Crimes Act 1961, s 111
Hassan v Department of Labour

Identity fraud

Whether sentences in the immigration and passport fraud area should appropriately reflect deterrence and denunciation - Whether home detention should have been granted
R v Vhavha (CA, 2009)

Whether home detention can be granted - Immigration Act 1987 s 142 - Sentencing Act, s 7
Osman v R (CA, 2010)

Passport

Offences - Sentence - Possession of false passport - Factors to be taken into account - Passports Act 1992, s 31(1)(f)(ii)
R v Zanzoul

Offences - Sentence - Possession of false passport - Whether sentence manifestly excessive - Factors to be taken into account - Passports Act 1992, s 31(1)(f)(i) - Transnational Organised Crime Bill 2002; UN Convention against Transnational Organized Crime - UN Security Council Resolution 1373
Markevich v R

Criminal sentencing - Pre-sentence report - Whether the fact that the appellant had applied for refugee status should have been taken into account as a mitigating factor in sentencing for an offence under the Passports Act 1992
Appiah v New Zealand Police

Possession of false passport - Factors to be taken into account - Passports Act 1992, s 31(1)(f)(ii)
R v Zanzoul (No. 2) (CA, 2006)

Smuggling migrants

Sentence - Factors to be taken into account - Whether appropriate to impose severe deterrent sentences
R v Victor Chechelnitski

SMUGGLING MIGRANTS

Sentence

Factors to be taken into account - Whether appropriate to impose severe deterrent sentences - Crimes Act 1961, s 98C(1) - Transnational Organised Crime Bill 2002; UN Convention against Transnational Organised Crime - Protocol against the Smuggling of Migrants by Land, Sea and Air
R v Victor Chechelnitski

SOCIAL SECURITY

Emergency benefit

Cancellation of benefit where refugee claimant is a person unlawfully in New Zealand - Social Security Act 1964 ss 74A(1)(c) & 81 - Refugee Convention Article 24
Hamidi v Chief Executive of the Ministry of Social Development and Attorney-General

Eligibility depending on whether person lawfully present in New Zealand - Meaning of lawfully present - Social Security Act 1964 s 74A(1)(a) and (c) - Immigration Act ss 4 and 129X - Refugee Convention Articles 23, 24 and 31
Rajabian v Chief Executive of the Department of Work and Income New Zealand

Eligibility depending on whether person lawfully present in New Zealand - meaning of lawfully present - Social Security Act 1964 s 74A(1)(a) and (c) - Immigration Act 1987 ss 4, 47 and 53 - Refugee Convention Articles 23, 24 and 31
Aziz v Chief Executive of the Ministry of Social Development

STATE PROTECTION

Meaning of

Whether duty to guarantee protection at all times - Whether isolated acts of harm establish breach of duty of protection
K v Refugee Status Appeals Authority (No. 2)

Whether central to definition of refugee

True object of Convention
Butler v Attorney-General (CA)

TRAFFICKING IN PERSONS

Smuggling migrants

Sentence - Factors to be taken into account - Whether appropriate to impose severe deterrent sentences
R v Victor Chechelnitski

TREATIES

Domestic incorporation

Whether in the absence of legislation the Executive can change the law by entering into treaties - Whether desirable to enact legislation in respect of refugee status determination procedures
Butler v Attorney-General (CA)

Interpretation of domestic legislation to be consistent with international obligations

Attorney-General (Minister of Immigration) v Tamil X (NZSC, 2010)

Article 31 - Bail
Zaoui v Attorney-General

Immigration Act 1987, s 129A
Jiao v Refugee Status Appeals Authority

Immigration Act 1987, s 129D
X (CA746/2009) v R (CA, 2010)

New Zealand Bill of Rights Act 1990, ss 6 & 9
Isak v Refugee Status Appeals Authority

UN Convention against Transnational Organised Crime - Protocol against the Smuggling of Migrants by Land, Sea and Air
R v Victor Chechelnitski

Treaty interpretation

Article 1F(b)
S v Refugee Status Appeals Authority (CA)

Status of UNHCR Handbook
S v Refugee Status Appeals Authority (CA)

Status of UNHCR Handbook
Butler v Attorney-General (CA)

Whether Vienna Convention states rules of customary international law
Zaoui v Attorney-General (No. 2)

UNHCR GLOBAL CONSULTATIONS

Roundtables - status of
Zaoui v Attorney-General (No. 2)

UNHCR GUIDELINES

Binding effect

Whether proper interpretation of Refugee Convention to be diverted by non-binding Guidelines which do not accord with purpose of Convention - UNHCR Guidelines: Application of the Exclusion Clauses: Article 1F of the 1951 Convention relating to the Status of Refugees

X & Y  v  Refugee Status Appeals Authority

UNHCR HANDBOOK

Benefit of the doubt - paras 203 and 204
Jiao v Refugee Status Appeals Authority and Attorney-General (CA)

Disability - mental disability - whether appropriate approach taken
R v Refugee Status Appeals Authority

Establishing the facts - paras 195-197
Jiao v Refugee Status Appeals Authority and Attorney-General (CA)

Exclusion - Article 1F(b) - serious non-political crime - whether necessary to balance crime against degree of persecution feared
Zaoui v Attorney-General (No. 2)

Procedures for determination of refugee status - para 192
M v Refugee Status Appeals Authority (No. 3)

WELL-FOUNDED FEAR

Whether it must be shown that the risk of being persecuted is more probable than not
Jiao v Refugee Status Appeals Authority and Attorney-General (CA)

Whether remote chance of harm sufficient
DG v Refugee Status Appeals Authority

Whether a distinction between a real chance and a real possibility
DG v Refugee Status Appeals Authority

Whether the threshold has been satisfied calls for the exercise of judgment by the decision-maker
DG v Refugee Status Appeals Authority

Whether finding that chance slight in relation to claimant inconsistent with finding there was a real possibility of future violence generally
DG v Refugee Status Appeals Authority

Whether a claimant unwilling to avail herself of the protection of her country of origin must also establish a well-founded fear of persecution
DG v Refugee Status Appeals Authority

Application of the real chance test
Zhan v Refugee Status Appeals Authority

Application of real chance test
Zhan v Refugee Status Appeals Authority

Whether fear must exist
Naremanov v Refugee Status Appeals Authority

Whether real chance test correct
K v Refugee Status Appeals Authority
 
Determination of

Whether duty to speculate on matters which are no more than guesswork
K v Refugee Status Appeals Authority (No. 2)

Factors relevant - Whether fear of being persecuted well-founded if it is merely assumed or if it is mere speculation
R & R v Refugee Status Appeals Authority

Objective assessment

Whether objective assessment overrides fear of applicant
K v Refugee Status Appeals Authority (No. 2)
 

TABLE OF CASES CITED
A J Burr Limited v Blenheim Borough Council [1980] 2 NZLR 1 (CA) Attorney-General v E
A v Australia (1997) 4 EHRC 210 (UNHRC) Abu v Mt Eden Prison
A v Chief Executive of the Department of Labour (High Court Auckland, CIV-2004-404-6314, 19 October 2005, Winkelmann J) Isak v RSAA
A v Chief Executive of the Department of Labour (High Court Auckland, CIV 2004-404-6314, 12 October 2005, Winkelmann J) F v RSAA
A v Chief Executive of the Department of Labour (High Court Auckland, CIV2004-404-6314, 19 October 2005, Winkelmann J) S v DOL
A v Refugee Status Appeals Authority (High Court Auckland, CIV-2005-405-1520, 1 March 2006) M v RSAA No. 5
Abu v Superintendent Mt Eden Womens’ Prison [2000] NZAR 260 (Potter J) Yadegary v ACRP
Abu v Superintendent of Mt Eden Women's Prison (High Court Auckland, M2086/99, 24 December 1999, Potter J) Tishkovets v Minister of Immigration
Achhido v Governor of Mt Eden Prison [2001] NZAR 584 M R v RSAA
Achhido v Governor of Mt Eden Prison [2001] NZAR 584 M v RSAA No. 3
Adan v Secretary of State for the Home Department [1999] 1 AC 293 (HL) Ghuman v ADC
Adan v Secretary of State for the Home Department [1999] 1 AC 293 at 305 Refugee Council v A-G No. 1
A-G for Canada v Cain, A-G for Canada v Gilhula [1906] AC 542 (PC) DOL v Yadegary
AHK v Police [2002] NZAR 531 X v R
AHK v Police [2002] NZAR 531 Hassan v DOL
AHK v Police [2002] NZAR 531 R v Zanzoul (No. 2)
Al-Kateb v Godwin (2004) 219 CLR 562 (HCA) DOL v Yadegary
Al-Kateb v Godwin (2004) 219 CLR 562 (HCA) M v DOL
Al-Kateb v Godwin (2004) 219 CLR 562 (HCA) Yadegary v ACRP
Al Mehdawi v Home Secretary [1990] 1 AC 876 (HL) Isak v RSAA
Al-Sirri v Secretary of State for the Home Department [2009] EWCA Civ 222; (2009) Imm AR 624 AG v Tamil X
Amosa v Secretary for Justice (High Court Wellington, CP317/94, 22 December 1997, Heron J) Isak v RSAA
Amory v Delamirie (1722) Strange 505, 93 ER 664 Refugee Council v A-G No. 2
Appellant S395/2002 v Minister for Immigration and Multicultural Affairs (2003) 203 ALR 112 (HCA) X & Y v  RSAA
Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 (HCA) S v RSAA
Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 (HCA) Attorney-General v E
Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225, 252-6 Refugee Council v A-G No. 1
Asamoah v Department of Labour (High Court Auckland, CRI 2004-004-6892, 10 June 2005, Frater J) R v Hassan
Ashby v Minister of Immigration [1981] 1 NZLR 222 (CA) Santokh Singh v RSAA
Assn. of Parents for Fairness in Education, Grand Falls Dist. 50 Branch v Société des Acadiens du Nouveau-Brunswick Inc [1986] 1 SCR 549 (SC:Can) A v RSAA
Assn. of Parents for Fairness in Education, Grand Falls Dist. 50 Branch v Société des Acadiens du Nouveau-Brunswick Inc [1986] 1 SCR 549 (SC: Can) B v RSAA
Associated Provincial Picture Houses v Wednesbury Corporation [1948] 1 KB 223 Isak v RSAA
Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 AA v RSAA
Associated Provincial Picture Houses Limited v Wednesbury Corporation [1948] 1 KB 223 Y v  RSAA
Attorney-General v de Keyser's Royal Hotel Limited [1920] AC 508 (HL) Santokh Singh v RSAA
Attorney-General v E [2000] 3 NZLR 1958 (CA) Ghuman v ADC
Attorney-General v E [2000] 3 NZLR 257 (CA) A-G v Refugee Council of NZ
Attorney-General v E [2000] 3 NZLR 257 Refugee Council v A-G No. 1
Attorney-General v Moroney [2001] 2 NZLR 652 Jiao v RSAA
Attorney-General v Refugee Council of New Zealand Inc [2003] 2 NZLR 577 (CA) Rajabian v Dept Work & Income
Attorney-General (Minister of Immigration) v Tamil X [2010] NZSC 107 X v R
Attorney General v X [2008] 2 NZLR 579 (NZSC) Isak v RSAA
Attorney-General v X [2008] 2 NZLR 579 (NZSC) MA v AG No. 2
Attorney-General v X & Anor [2007] NZCA 388 (CA) MA v AG
Attorney-General for Canada v Attorney-General for Ontario [1937] AC 326, 347 Butler v A-G
Attorney-General for Canada v Cain [1906] AC 542 at 546 Refugee Council v A-G No. 1
Attorney General for United Kingdom v Wellington Newspapers [1988] 1 NZLR 129 (CA) MA v AG No. 2
Auckland District Court v Attorney-General [1993] 2 NZLR 129 (CA) DOL v Yadegary
Auckland District Court v Attorney-General [1993] 2 NZLR 129 (CA) Yadegary v ACRP
Auckland District Law Society v B [2002] 1 NZLR 721 (CA) MA v AG No. 2
Augebor v Minister of Employment and Immigration (1993) NR 315 (FCA) M v RSAA No. 5
Augebor v Minister of Employment and Immigration (1993) NR 315 (FC:CA) B v RSAA
Avtar Singh v Refugee Status Branch (High Court Auckland, M715/97, 25 August 1997, Paterson J) Amarjit Singh v RSB
B v Auckland District Law Society [2004] 1 NZLR 326 MA v AG No. 2
B v Auckland District Law Society [2004] 1 NZLR 326 (PC) MA v AG
B v Refugee Status Appeals Authority (High Court Auckland, M1600/96, 23 July 1997, Giles J) M v RSAA No. 5
B v Refugee Status Appeals Authority (High Court Auckland, M1600/96, 23 July 1997, Giles J) X v RSAA (Courtney)
B v Refugee Status Appeals Authority (High Court Auckland, M1600/96, 23 July 1997, Giles J) X & Y v  RSAA
B v Refugee Status Appeals Authority (High Court Auckland, M1600/96, 23 July 1997, Giles J) AA v RSAA
B v Refugee Status Appeals Authority (High Court Auckland, M1600/96, 23 July 1997, Giles J) A v RSAA
B v Refugee Status Appeals Authority (High Court, Auckland M 1600/96, 23 July 1997, Giles J) AB v RSAA
Bajao v Chief Executive of the Department of Labour [2000] NZAR 185 T v RSAA
Bajao v Chief Executive of the Department of Labour [2000] NZAR 185 Jiao v RSAA
Baqri v Minister of Citizenship and Immigration [2001] FCT 1096 X & Y v  RSAA
Barina Corporation Limited v Deputy Commissioner of Taxation (NSW) (1985) 59 ALR 501 (Wilcox J) Khalon v A-G
Basyony v Canada (Minister of Employment & Immigration) (1994) 27 Imm LR (2nd) 303 (FC:TD) A v RSAA
Basyony v Canada (Minister of Employment and Immigration) (1994) 27 Imm LR (2nd) 303 (FC:TD) B v RSAA
Bayerischer Verwaltungsgerichtshof (Case No 10C 48.07) 14 October 2008 (German Federal Administrative Court) AG v Tamil X
Bazargan v Canada (Minister of Citizenship and Immigration) (1996) 205 NR 282 (FCA) AG v Tamil X
Bazagan v Canada (Minister of Citizenship and Immigration) (1996) 205 NR 282 (FC:CA) X & Y v  RSAA
Benipal v Minister of Foreign Affairs (High Court Auckland, A No. 878/83, 29 November 1985, Chilwell J) X & Y v  RSAA
Benipal v Minister of Foreign Affairs (High Court, Auckland, A 878/83, 29  November 1985, Chilwell J) Khalon v A-G
Benipal v Ministers of Foreign Affairs and Immigration (High Court, Auckland, A993/83, 16 December 1985) A-G v Refugee Council of NZ
Benipal v Ministers of Foreign Affairs and Immigration and Others Refugee Council v A-G No. 2
Benipal v Ministers of Foreign Affairs and Immigration and Others A Nos 878/83 993/83 and 1016/83 16 December 1985 Refugee Council v A-G No. 1
Benipal v Minister of Immigration (High Court, Auckland, A 878/83, 29 November 1985, Chilwell J) Santokh Singh v RSAA
Blank v Canada [2006] 2 SCR 319 MA v AG No. 2
Blatch v Archer (1774) 1 Cowp 63, 65 Ghuman v ADC
Brown v Board of Education of Topeka 347 US 483 (1954); 349 US 294 (1955) Refugee Council v A-G No. 1
Browne v Dunn (1894) 6 R 67 (HL) Khalan v A-G
Buchanan & Co Limited v Babco Limited (1978) AC 141 (HL) T v RSAA
Bugdaycay v Secretary of State for the Home Department [1987] AC 514 (HL) Z v A-G
Bugdaycay - R v Home Secretary: Ex parte Bugdaycay [1987] AC 514 (HL) Abu v Mt Eden Prison
Burt v Governor-General [1992] 3 NZLR 678 (CA) Santokh Singh v RSAA
Burt v Governor-General [1992] 3 NZLR 672 (CA) Butler v A-G
Burut v Public Prosecutor [1995] 2 AC 579, 595C (PC) AA v RSAA
Butler v Attorney General [1999] NZAR 205 (CA) Isak v RSAA
Butler v Attorney-General & Anor [1999] NZAR 205 (CA) MA v AG
Butler v Attorney-General [1999] NZAR 205 (CA) Ghuman v ADC
Butler v Attorney-General (CA 171/97, 13 October 1997) (CA) AB v RSAA
Butler v Attorney-General [1999] NZAR 205 (CA) S v DOL (CA)
Butler v Attorney-General [1999] NZAR 205 (CA) Attorney-General v E
Butler v Attorney-General [1999] NZAR 205 (CA) Jiao v RSAA
Butler v Attorney-General [1999] NZAR 205 (CA) Naremanov v RSAA
Butler v Attorney-General [1999] NZAR 205 (CA) Razak v RSAA
Butler v Attorney-General [1999] NZAR 205 (CA) Refugee Council v A-G No. 2
Butler v Attorney-General [1999] NZAR 205 (CA) S v RSAA (CA)
Butler v Attorney-General [1999] NZAR, 205, 220 (CA) A-G v Refugee Council of NZ
Butler v Attorney-General HC Akld M37/93, 22 January 1993 (Barker J) Ghuman v ADC
Butler v Removal Review Authority [1998] NZAR 409, 424 (Giles J) Razak v RSAA
C v Refugee Status Appeals Authority (High Court, Auckland, M 1365-SW00, 4 May 2001, Nicholson J) T v RSAA
Calder v Canterbury District Legal Aid Services Subcommittee [1999] NZAR 155 (Hansen J) LSA v Hosseini
Calvin v Carr [1980] AC 574 (PC) Malkit Singh v A-G
Canada (Attorney General) v  Ward [1993] 2 SCR 689 (SC:Can)  K v RSAA No. 2
Canada (Attorney General) v Ward [1993] 2 SCR 689, 773 (SC:Can) DG v RSAA
Canada (Attorney General) v Ward [1993] 2 SCR 689, 709, 713-714 (SC:Can) Butler v A-G
Canada (Minister of Citizenship & Immigration) v Kamail [2002] FCT 381 DOL v Yadegary
Canada (Minister of Citizenship and Immigration) v Romans [2005] FC 435 DOL v Yadegary
Canada (Minister of Employment and Immigration) v Villafranca (1992) 18 Imm LR (2d) 130 (FC:CA)  K v RSAA No. 2
Cardenas v Minister of Employment and Immigration [1994] 23 Imm LR (2d) 244 X & Y v  RSAA
Carlton & United Breweries Ltd v Minister of Customs [1986] 1 NZLR 423 (CA) MS v MOI
Carlton & United Breweries Ltd v Minister of Customs [1986] 1 NZLR 423 (CA) X v RSAA (Courtney)
Carlton & United Breweries v Minister of Customs [1986] 1 NZLR 423 (CA) Z v AGNZ
Carlton and United Breweries Limited v Minister of Customs [1986] 1 NZLR 423 (CA) Avtar Singh v RSB
Carlton and United Breweries Limited v Minister of Customs [1986] 1 NZLR 423 (CA) Amarjit Singh v RSB
Carlton & United Breweries Ltd v Minister of Customs [1986] 1 NZLR 423 (CA) Pargat Singh v RSB
Carlton & United Breweries Ltd v Minister of Customs [1986] 1 NZLR 423 (CA) Teerath Singh v RSAA
Cen v Canada (The Minister of Citizenship and Immigration) [1996] 1 CS 301 M v RSAA No. 5
Cen v Canada (Minister of Citizenship and Immigration) [1996] 1 CS 310 (FC:TD) X & Y v  RSAA
Cen v Canada (Minster of Citizenship and Immigration) [1996] 1 CS 310 (FC:TD) B v RSAA
Chalal v United Kingdom (1996) 23 EHRR 413 (E Ct HR) Z v A-G No. 2
Chan v Minister of Immigration & Ethnic Affairs (1989) 165 CLR 379 X v RSAA (Courtney)
Chan v Minister of Immigration and Ethnic Affairs (1989) 169 CLR 379 (HCA) S v DOL (CA)
Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 (HCA) S v DOL
Chan v Minister of Immigration and Ethnic Affairs (1989) 169 CLR 379, 407 (HCA) DG v RSAA
Chan v Minister of Immigration and Ethnic Affairs (1989) 169 CLR 379, 392; 87 ALR 412, 420 per Mason CJ (HCA) Butler v A-G
Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 397 (HCA)  K v RSAA No. 2
Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 (HCA) R & R v RSAA
Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 (HCA)
Jiao v RSAA & AG
Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 (HCA)Abu v Mt Eden Prison
Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 (HCA) K v RSAA
Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 (HCA) Q v RSAA
Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 (HCA) Zhan v RSAA
Chandra v Minister of Immigration [1978] 2 NZLR 559 (Barker J) Santokh Singh v RSAA
Chef and Brewer Bar and Café Ltd v Police [1994] NZAR 428 (Tomkins J) Aivazov v RSAA
Chen v Minister for Immigration and Ethnic Affairs (1995) 58 FCR 96 H v DOL
Chen v Minister of Immigration [1992] NZAR 261 (CA) Khalon v A-G
Chedyak v Minister of Immigration & Multicultural Affairs [1998] FCA 1731 (Whitlam J) A v RSAA
Chief Constable of North Wales Police v Evans [1982] 1 WLR 1155 (PC) M v RSAA No. 5
Chief Constable of the North Wales Police v Evans [1982] 1 WLR 1155 (HL) X v RSAA (Courtney)
Chief Constable of the North Wales Police v Evans [1982] 1 WLR 1155 (PC) X & Y v  RSAA
Chief Constable of the North Wales Police v Evans [1982] 1 WLR 1155 (HL) GA v RSAA
Chief Constable of the North Wales Police v Evans [1982] 1 WLR 1155 (PC) So M v RSAA
Chief Constable of the North Wales Police v Evans [1982] 1 WLR 1155 (PC) AM v RSAA
Chief Constable of the North Wales Police v Evans [1982] 1 WLR 1155, 1174 (HL) C v RSAA
Chieu v Canada (Minister of Citizenship and Immigration) (2002) 208 DLR (4th) 107, 125, 133-4 Refugee Council v A-G No. 2
Choudry v Attorney-General [1999] 2 NZLR 582 (CA) Z v A-G No. 2
Choudry v Attorney-General [1999] 2 NZLR 582 (CA) Z v A-G
Choudry v Attorney-General [1999] 3 NZLR 399 (CA) Z v A-G
Choudry v Canada (Secretary of State) 24 Imm LR (2nd) 197 (FC:TD) B v RSAA
Clark v Martinez 543 US 371 (2005) DOL v Yadegary
Clarke v Police (High Court Auckland AP208/95, 11 October 1995) DOL v Yadegary
Cleggs Ltd v Department of Internal Affairs (High Court Auckland, M1032/84, 5 September 1984) Hassan v DOL
Coburn v Human Rights Commission [1994] 3 NZLR 323 Refugee Council v A-G No. 1
Coco v A N Clark (Engineers) Ltd [1969] RPC 41 (Ch D) MA v AG No. 2
Cole v Police [2001] 2 NZLR 139 Hassan v DOL
Collector of Customs v Graham [1990] 1 NZLR 615 (Eichelbaum CJ) JJAJ v RSAA
Combined State Unions v State Services Co-ordinating Committee [1982] 1 NZLR 742 (CA) Z v A-G
Commissioner of Police v Ombudsman [1988] 1 NZLR 385 (CA) Jiao v RSAA & AG
Commissioner of Inland Revenue v JPF Energy Inc [1990] 3 NZLR 536 at 540 Refugee Council v A-G No. 1
Cortez Investments Ltd v Olphert & Collins [1984] 2 NZLR 434 M R v RSAA
Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374 (HL) Isak v RSAA
Council of Civil Service Unions v Minister for the Civil Service [1985] C 374 (HL) Santokh Singh v RSAA
Creedy v Commissioner of Police (2008) NZELC 99,336 DOL v Yadegary
Crowley’s Case (1818) 2 Swans 1, 67-8; 36 ER 514, 53 (HC) DOL v Yadegary
D v Minister of Immigration [1991] 2 NZLR 673 (CA) Butler v A-G
D v Minister of Immigration [1991] 2 NZLR 673 (CA) A-G v Refugee Council of NZ
D v Minister of Immigration [1991] 2 NZLR 673 Refugee Council v A-G No. 2
D v Minister of Immigration [1991] 2 NZLR 673 at 676 Refugee Council v A-G No. 1
Daganayasi v Minister of Immigration [1980] 2 NZLR 130 (CA) So M v RSAA
Daganayasi v Minister of Immigration [1980] 2 NZLR 130 (CA) T v RSAA No. 2
Daganayasi v Minister of Immigration [1980] 2 NZLR 130 (CA) Khalon v A-G
Daly v Secretary of State for the Home Department [2001] 2 AC 433 (HL) A v DOL
Damouni v Minister for Immigration, Local Government and Ethnic Affairs (1989) 37 ALR 97 (French J) Q v RSAA
Danchevsky v Danchevsky [1974] 3 All ER 934 (CA) DOL v Yadegary
Dhayakpa v Minister for Immigration and Ethnic Affairs (1995) 62 FCR 556 (French J) S v RSAA (CA)
Dayal v Refugee Status Appeals Authority (High Court, Wellington, CP 50/97, 26 August 1997, Gallen J) DG v RSAA
Dayal v Refugee Status Appeals Authority (High Court, Wellington, CP 50/97, 26 August 1997, Gallen J) Naremanov v RSAA
Department of Labour v Ioasa (High Court Auckland, CRI 2008-404-145, 11 August 2008) R v Hassan
Department of Labour v Liao (High Court Auckland, CRI 2004-404-000499, 14 April 2005) Osman v R
Department of Labour v Liao (High Court Auckland, CRI 2004-404-000499, 14 April 2005) R v Vhavha
Department of Labour v Liao (High Court Auckland, CRI 2004 404-499, 14 April 2005, Keane J) R v Hassan
Department of Social Welfare v Stewart [1990] 1 NZLR 697 (Wylie J) Z v A-G
DG v Refugee Status Appeals Authority (High Court Wellington, CP213/00, 5 June 2001, Chisholm J)  K v RSAA No. 2
Discount Brands Ltd v Northcote Mainstreet Inc. [2004] 3 NZLR 619 (CA) Isak v RSAA
Discount Brands Ltd v Northcote Mainstreet Inc [2005] 2 NZLR 597 (NZSC) Isak v RSAA
Dixon-McIver v Attorney-General (HC Wellington, CP214/96, 16 December 1997) Hamidi v CE Min Social Dev
Don v Refugee Status Appeals Authority [2001] NZAR 343 (Chambers J) So M v RSAA
Don v Refugee Status Appeals Authority (High Court, Auckland, M 917-SW00, 20 September 2000, Chambers J) T v RSAA
Douglas v CIR and Taxation Review Authority (High Court Wellington, CP 34/98, 8 November 2000, Wild J) T v RSAA No. 2
E v Attorney-General (High Court Auckland, M 1884-SW/99, 29 November 1999, Fisher J) Abu v Mt Eden Prison
Edgewater Motel Ltd v Commissioner of Inland Revenue (CP432-IM01, Auckland Registry, 28 May 2002) Refugee Council v A-G No. 2
Edwards v United States of America [2002] 3 NZLR 222 (CA) Z v A-G No. 2
Electoral Commission v Cameron [1997] 2 NZLR 421 (CA) Isak v RSAA
Electoral Commission v Cameron (1997) 10 PRNZ 440, 447-448 (CA) Butler v A-G
Enfield London Borough Council v Mahoney [1983] 1 WLR 749 (CA) DOL v Yadegary
Equizabal v Canada (Minister of Employment and Immigration) (1994) 24 Imm LR (2d) 277 (FC:CA) Garate v RSAA
Erven Warnink BV v J Townend & Sons (Hull) Ltd [1979] 1 AC 731 (HL) Ghuman v ADC
Esekielu v Attorney-General (1993) 6 PRNZ 309 X v RSAA (Courtney)
Esekielu v Attorney-General (1993) 6 PRNZ 309 (Hammond J) MS v MOI
Esekielu v Attorney-General  (1993) 6 PRNZ 309 (Hammond J) Z v AGNZ
Esekielu v Attorney-General (1993) 6 PRNZ 309 (Hammond J) Achhido, Fiagadzi and Adiza v Mt Eden; DOL/NZIS
Esekielu v Attorney-General (1993) 6 PRNZ 309 (Hammond J) Amarjit Singh v RSB
Esekielu v Attorney-General (1993) 6 PRNZ 309 (Hammond J) Avtar Singh v RSB
Esekielu v Attorney-General (1993) 6 PRNZ 309 M v RSAA No. 3
Esekielu v Attorney-General (1993) 6 PRNZ 309 Pargat Singh v RSB
Esekielu v Attorney-General (1993) 6 PRNZ 309 Teerath Singh v RSAA
Esekielu v Attorney-General (1993) 6 PRNZ 309 Sylva v Minister of Immigration
Eshugbayi Eleko v Government of Nigeria (Officer Administering) [1931] AC 662 (PC) DOL v Yadegary
Evans v Bradford [1982] 1 NZLR 638 T v RSAA No. 2
Ex parte Turgut [2001] 1 All ER 721 (CA) A v DOL
F v Superintendent of Mt Eden Prison [1999] NZAR 420 (Anderson J) Abu v Mt Eden Prison
F v Superintendent of Mt Eden Prison [1999] NZAR 420 (Anderson J) Refugee Council v A-G No. 2
F v Superintendent of Mt Eden Prison [1999] NZAR 420 A-G v Refugee Council of NZ
F v Superintendent of Mt Eden Prison [1999] NZAR 420 Refugee Council v A-G No. 1
F v Superintendent of Mt Eden Prison [1999] NZLR 420 Attorney-General v E
FP v Secretary of State for the Home Department [2007] EWCA Civ 13 Isak v RSAA
Faavae v Minister of Immigration [1996] 2 NZLR 243 (Anderson J) T v RSAA
Faavae v Minister of Immigration (No. 2) (High Court, Auckland, M 1434/96, HC 122/96, 2 May 1997, Fisher J T v RSAA
Fairchild v Glenhaven Funeral Services Ltd [2002] 3 WLR 89 (HL) Ghuman v ADC
Fang v Removal Review Authority (High Court Wellington, CIV2005-485-1257, 5 August 2005, MacKenzie J) M R v RSAA
Fernandez v Government of Singapore [1971] 2 All ER 691 (HL) Jiao v RSAA & AG
Fernandez-Roque v Smith 567 F.Supp 1115 (1983) Refugee Council v A-G No. 1
Finnigan v RFU (No.3) [1985] 2 NZLR 190 (CA) Hamidi v CE Min Social Dev
Fiordland Venison v Minister of Agriculture & Fisheries [1978] 2 NZLR 341 (CA) Yadegary v ACRP
Fitzgerald v Muldoon [1976] 2 NZLR 615 Refugee Council v A-G No. 1
Fothergill v Monarch Airlines Ltd [1981] AC 251 (HL) Z v A-G No. 2
Fothergill v Monarch Airlines Limited [1981] AC 251 (HL) T v RSAA
Frankson v Home Office [2003] 1 WLR 1952 MA v AG No. 2
G A v Refugee Status Appeals Authority (High Court Auckland, CIV-2005-404-1520, 1 March 2006, Priestley J) MN v  RSAA
Gaima v Secretary of State for the Home Department [1989] Imm AR 205 (CA) Khalan v A-G
Garate v Refugee Status Appeals Authority [1998] NZAR 241 X & Y v  RSAA
Garcha v Minister for Immigration and Multicultural Affairs (1997) 145 ALR 55 (Mansfield J) AB v RSAA
Gholami v Minister of Immigration [1994] NZAR 257 Teerath Singh v RSAA
Ghuman v Registrar of the Auckland District Court [2004] NZAR 440 (HC) DOL v Yadegary
Ghuman v Registrar of the Auckland District Court [2004] NZAR 440 Hassan v DOL
Ghuman v Registrar of the Auckland District Court [2004] NZAR 440 (Baragwanath J) M v R
Gideon v Wainwright 372 US 335 (1963) (USC) Aivazov v RSAA
Gill v Canada (Minister of Employment and Immigration) [1995] 1 FC 508 (FC:CA) S v RSAA
Gill v Canada (Minister of Employment and Immigration) (1994) 119 DLR (FC:CA) S v RSAA (CA)
Gillick v West Norfolk and Wisbech Area Health Authority & Anor [1986] 1 AC 112 (HL) A-G v Refugee Council of NZ
Gonzalez v Canada (Minister of Employment and Immigration) (1995) 190 NR 230 S v RSAA (CA)
Golder v United Kingdom (1975) 1 EHRR 524 Refugee Council v A-G No. 1
Gordon v Auckland City Council (High Court Auckland, CIV-2006-404-4417, 29 November 2006) Isak v RSAA
Gough v Chief Constable of the West Midlands Police [2004] EWCA Civ 260 MA v AG No. 2
Gracielone v Canada (Minister of Employment & Immigration) (1989) 9 Imm LR (2nd) 237 (FC:CA) Khalan v A-G
Gummer v Legal Services Board (High Court Auckland, AP 38/SW00, 17 July 2000, Williams J) LSA v Hosseini
Guo Wei Rong v Minister for Immigration and Ethnic Affairs (1996) 135 ALR 421 (FC:FC) AB v RSAA
Gurung v Secretary of State for the Home Department [2003] Imm AR 115; [2003] INLR 133 (UKIAT) X & Y v  RSAA
Harb v Canada (Minister of Citizenship and Immigration) [2003] 27 Imm LR (3d) 1 (FC:CA) X & Y v  RSAA
Harley v McDonald [1999] 3 NZLR 545 (CA) M v RSAA (No. 2)
Harris v Mohebbi DC MAN MA22/03 Mohebbi v Minister of Immigration
Hassan v Department of Labour (Immigration) (High Court Wellington, CRI-2006-485-101, 4 April 2007, Mallon J) Isak v RSAA
Hassan v Department of Labour (High Court Auckland, CRI 2005-404-356, 20 November 2005, Allan J) R v Hassan
Heshmati v Minister for Immigration, Local Government and Ethnic Affairs (1991) 102 ALR 367 (FC:FC) Khalan v A-G
Hessell v R [2009] NZCA 450, [2010] 2 NZLR 298 Elliott v R
Hessell v R [2010] NZSC 135 Elliott v R
Hill v Chief Constable of West Yorkshire [1988] QB 60 (CA), upheld by the House of Lords: [1989] AC 53 MA v AG No. 2
Hoffmann-La Roche (F) & Co AG v Secretary for Trade and Industry [1975] AC 295 (HL) So M v RSAA
Hoffmann-La Roche & Co AG v Secretary of State for Trade and Industry [1975] AC 295 (HL) AA v RSAA
Hoffman-La Roche & Co AG v Secretary of State for Trade and Industry [1975] AC 295 (HL) Khalon v A-G
Holden v Architectural Finishes Limited [1997] 3 NZLR 143 (McGechan J) M v RSAA
Horvath v Secretary of State for the Home Department [2001] 1 AC 489 at 515 (HL) S v DOL
Horvath v Secretary of State for the Home Department [2001] 1 AC 489 (HL)  K v RSAA No. 2
Horvath v Secretary of State for the Home Department [2001] 1 AC 489 (HL) DG v RSAA
Horvath v Secretary of State for the Home Department [2000] 3 WLR 379 (HL) Q v RSAA
Horvath v Secretary of State for the Home Department [2000] 3 WLR 379 (HL) Tishkovets v RSAA
Howard v Bodington (1877) 2 PD 203 Z v A-G
Huang v Minister of Immigration [2008] NZCA 377 MS v MOI
Huang v Minister of Immigration (CA 236/06, 18 December 2006) Z v AGNZ
Huang Xiao Qiong v Minister of Immigration (High Court Auckland, CIV2005-404-5202, 29 September 2006, Asher J) F v RSAA
Inland Revenue Commissioners v Dowdall, O'Mahoney & Co Ltd [1952] AC 401 Refugee Council v A-G No. 2
In re Kray [1965] Ch 736 Z v A-G
In re Nottingham Corporation [1897] 2 QB 502 Z v A-G
Ipina v Immigration and Naturalisation Service, 868 F 2d 511 (1989) Z v A-G No. 2
Isak v Refugee Status Appeals Authority and Chief Executive of the Department of Labour [2010] NZAR 535 R v RSAA
Islam - R v Secretary of State for the Home Department, Ex parte Islam [1990] Imm AR 220 (QBD) Garate v RSAA
Jahangeer - R v Secretary of State for the Home Department, ex parte Jahangeer [1993] Imm AR 564 (QBD) Appiah v Police
Jeffs v New Zealand Dairy Board [1967] NZLR 1057 (PC) Santokh Singh v RSAA
Jiao v Refugee Status Appeals Authority [2003] NZAR 647 (CA) AG v Tamil X
Jiao v Refugee Status Appeals Authority [2003] NZAR 647 (CA) Isak v RSAA
Jiao v Refugee Status Appeals Authority [2003] NZAR 647 (CA) M v RSAA No. 5
Jiao v Refugee Status Appeals Authority [2003] NZAR 647 (CA) AA v RSAA
Jiao v Refugee Status Appeals Authority [2003] NZAR 647 (CA) S v DOL (CA)
Jiao v Refugee Status Appeals Authority [2003] NZAR 647 (CA) GA v RSAA
Jiao v Refugee Status Appeals Authority [2003] NZAR 647 (CA) S v DOL
Jiao v Refugee Status Appeals Authority [2003] NZAR 647 (CA) So M v RSAA
Jiao v Refugee Status Appeals Authority [2003] NZAR 647 (CA) AM v RSAA
Jiao v Refugee Status Appeals Authority [2003] NZAR 647 (CA) T v RSAA No. 2
Jiao v Refugee Status Appeals Authority [2002] NZAR 845 (Potter J)  K v RSAA No. 2
Jiao v Refugee Status Appeals Authority [2002] NZAR 845 (Potter J) Jiao v RSAA & AG
Jiao v Refugee Status Appeals Authority [2002] NZAR 845 M v RSAA No. 3
K v Refugee Status Appeal Authority (High Court Auckland, M1586-SW99, 22 February 2000, Anderson J) Isak v RSAA
K v Refugee Status Appeals Authority (High Court Auckland, M1586-SW99, February 2000, Anderson J) S v DOL
K v Refugee Status Appeals Authority (High Court Auckland, M1586-SW99, 22 February 2000, Anderson J) A v DOL
Kanda v Government of Malaya [1962] AC 322 (PC) Khalon v A-G
Karanakaran v Home Secretary [2000] 3 All ER 449 (CA) Refugee Council v A-G No. 2
Kathiresan v Minister for Immigrationand Multicultural Affairs (VG 305 1997, 4 March 1998, Gray J) T v RSAA No. 2
Kesonsung v Minister of Immigration (High Court Auckland, CIV2006-404-1597, 22 September 2006, Allan J) M R v RSAA
Khaboka v Secretary of State for the Home Department [1993] Imm AR 484 (CA) Appiah v Police
Khalon v Attorney General [1996] 1 NZLR 458 (Fisher J) Isak v RSAA
Khalon v Attorney-General [1996] 1 NZLR 458 AA v RSAA
Khalon v Attorney-General [1996] 1 NZLR 458 T v RSAA No. 2
Khalon v Attorney-General [1996] 1 NZLR 458 (Fisher J) M v RSAA No. 5
Khalon v Attorney-General [1996] 1 NZLR 458 (Fisher J) Z v AGNZ
Khalon v Attorney-General [1996] 1 NZLR 458 (Fisher J) So M v RSAA
Khalon v Attorney-General [1996] NZLR 458 (Fisher J) M v RSAA No. 3
Khalon v Attorney-General [1996] 1 NZLR 458 (Fisher J) C v RSAA
Khalon v Attorney-General [1996] 1 NZLR 458 (Fisher J) Achhido, Fiagadzi and Adiza v Mt Eden; DOL/NZIS
Khalon v Attorney-General [1996] 1 NZLR 458 (Fisher J) M v RSAA
Khalon v Attorney-General [1996] 1 NZLR 458 (Fisher J) A v RSAA
Khalon v Attorney-General [1996] 1 NZLR 456 (Fisher J) Tishkovets v RSAA
Khalon v Attorney-General [1996] 1 NZLR 458 (Fisher J) AB v RSAA
Khalon v Attorney-General [1996] 1 NZLR 458 (Fisher J) Amarjit Singh v RSB
Khalon v Attorney-General [1996] 1 NZLR 458 (Fisher J) Avtar Singh v RSB
Khalon v Attorney-General [1996] 1 NZLR 458 (Fisher J) B v RSAA
Khalon v Attorney-General [1996] 1 NZLR 458 (Fisher J) Garate v RSAA
Khalon v Attorney-General [1996] 1 NZLR 458 (Fisher J) Pargat Singh v RSB
Khalon v Attorney-General [1996] 1 NZLR 458 (Fisher J) M v RSAA
Khan - R v Secretary of State for the Home Department, Ex parte Khan [1995] 2 All ER 540 (CA) Abu v Mt Eden Prison
Khan v Removal Review Authority (High Court Auckland, M699/97, 3 June 1997, Robertson J) Amarjit Singh v RSB
Khan v Removal Review Authority (High Court Auckland, M 699/97, 3 June 1997, Robertson J) Avtar Singh v RSB
Khawaja v Home Secretary [1984] AC 74 (HL) DOL v Yadegary
Khawaja v Secretary of State for the Home Department [1984] AC 74 (HL) Z v A-G
Kindler v Canada (Human Rights Committee, Comm No. 470/1991, UN Doc CCPR/C/48/D/470/1991 (1993)) Z v A-G No. 2
Kioa v West (1985) 159 CLR 550 (HCA) Khalan v A-G
KK v Secretary of State for the Home Department [2005] INLR 124 (UKIAT) X & Y v  RSAA
Kord v Minister for Immigration and Multicultural Affairs [2001] FCA 1163 (Healy J) So M v RSAA
Korengkeng v Removal Review Authority (High Court, Auckland, M 1250/97, 30 January 1998, Williams J) C v RSAA
Korengkeng v Removal Review Authority (High Court Auckland M 1250/97, 30 January 1998, Williams J) M v RSAA
Kumar v Associate Minister of Immigration [1991] NZAR 555 (Anderson J)Amarjit Singh v RSB
Kumar v Associate Minister of Immigration [1991] NZAR 555 (Anderson J) Avtar Singh v RSB
Kumar v Associated Minister of Immigration [1991] NZAR 555 Mann v A-G
Kumar v Associate Minister of Immigration [1991] NZAR 555 (Anderson J) Pargat Singh v RSB
Kumar v Immigration Department [1978] 2 NZLR 553 (CA) Ghuman v ADC
Kumar (Surinder) v Gardiner (High Court Auckland, M 958/97, 11 July 1997, Robertson J) Abu v Mt Eden Prison
Lab Tests Auckland Ltd v Auckland District Health Board [2009] 1 NZLR 776 (CA) Isak v RSAA
Laker Airways Ltd v Department of Trade [1977] 2 All ER 182 (CA) Hamidi v CE Min Social Dev
Lal v Removal Review Authority (High Court Wellington, AP95/92, 10 March 1994, McGechan J) Isak v RSAA
Lawrence v Texas 539 US 558 (2003) (USSC) DOL v Yadegary
Lee v Department of Labour (High Court Auckland, CRI 2007-404-0126, 9 July 2007) R v Vhavha
Lee v Department of Labour (High Court Auckland, CRI 2007-404-216, 9 July 2007, Stevens J) R v Hassan
Legal Services Agency v K (High Court Christchurch, CIV 2004-404-002675, 5 November 2004, Chisholm J) LSA v Hosseini
Legal Services Agency v Rossiter (2005) 17 PRNZ 815 (CA) LSA v Hosseini
Lema v INS 341 F 3d 853 (2003) DOL v Yadegary
Lewis v Attorney-General of Jamaica [2001] 2 AC 50 (PC) Ghuman v ADC
Lewis v Jamieson (High Court, Hamilton, M103/91, Doogue J) Aivazov v RSAA
Lewis v Wilson & Horton Ltd [2000] 3 NZLR 546 (CA) So M v RSAA
Lillandt v The Crown (High Court Christchurch, 9 August 1991, William Young J) Hassan v DOL
Lillandt v The Crown (High Court Christchurch, A69/01, 9 August 2001, William Young J) M v R
Li v Minister for Immigration and Multicultural Affairs (1997) 144 ALR 179 (Foster J) AB v RSAA
Li Shi Ping v Minister for Immigration, Local Government and Ethnic Affairs (1994) 35 ALD 225, 236 Don v RSAA
Lockyer v Ferryman (1877) 2 App Cas 519 at 530 Hamidi v CE Min Social Dev
Lubana v Canada (Minister of Citizenship & Immigration) (2003) 26 Imm LR (3d) 292 (FC:TD)
U & V v RSAA
Lumber Specialties Ltd v Hodgson [2000] 2 NZLR 347 (Hammond J) Hamidi v CE Min Social Dev
M v Refugee Status Appeals Authority (High Court Auckland, CIV-2010-404-003298, 17 September 2010, Courtney J) M v DOL
M v Refugee Status Appeals Authority (HC Auckland, CRI 2006-404-001046, 28 August 2006, Cooper J) Z v AGNZ
M v Refugee Status Appeals Authority (High Court, Auckland, M 1101/SW-00, 28 November 2000, Nicholson J) C v RSAA
MA v The Attorney-General [2009] NZCA 490 MA v AG No. 3
McLennan v Bracknell Forest BC [2002] HR LR 303 at 334-5 Refugee Council v A-G No. 1
McMullen v Immigration and Naturalization Service 788 F 2d 591 (9th Cir 1986) AG v Tamil X
Madlener v Lester & Birch (High Court, Christchurch, CP263/91, 31 July 1996, Tipping J) Teerath Singh v RSAA
Magor and St Mellons v Newport Corporation [1951] 2 All ER 839, 841 Refugee Council v A-G No. 2
Malkit Singh v Attorney-General [2000] NZAR 125 (Randerson J) M v RSAA No. 3
Malkit Singh v Attorney-General [2000] NZAR 125 Z v AGNZ
Malkit Singh v Attorney-General [2000] NZAR 125 (CA) M v RSAA No. 3
Malkit Singh v Attorney-General [2000] NZAR 136 (CA) Z v AGNZ
Malkit Singh v Attorney-General [2000] NZAR 136 (CA) Achhido, Fiagadzi and Adiza v Mt Eden; DOL/NZIS
Malouf v Canada (Minister of Employment and Immigration) [1995] 190 NR 230 (FC:CA) S v RSAA
Manuel v Superintendent of Hawkes Bay Regional Prison [2005] 1 NZLR 161 (CA) P v DOL
Marelic v Comcare (1993) 121 ALR 114 (Beazley J) Khalan v A-G
Markevich v R (2004) 21 CRNZ 41 R v Hassan
Markevich v R (2004) 21 CRNZ 41 R v Zanzoul (No. 2)
Markevich v R (2004) 21 CRNZ 41 (Priestley J) R v Zanzoul
Matter of Toboso-Alfonso (BIA, 12 March 1990 No A-23220644) Z v A-G No. 2
Mercury Energy Ltd v Electricity Corp of NZ Ltd [1994] 2 NZLR 385 (PC) M v RSAA No. 5
Mercury Energy Ltd v Electricity Corporation of New Zealand Ltd [1994] 2 NZLR 358 (PC) MN v  RSAA
Mercury Energy Ltd v Electricity Corporation of New Zealand Ltd [1994] 2 NZLR 385 (PC) X v RSAA (Courtney)
Mercury Energy Ltd v Electricity Corporation of New Zealand Ltd [1994] 2 NZLR 385 (PC) X & Y v  RSAA
Mercury Energy Ltd v Electricity Corporation of New Zealand Ltd [1994] 2 NZLR 385 (PC) M v RSAA No. 4
Mercury Energy Ltd v Electricity Corp of NZ Ltd [1994] 2 NZLR 385 (PC) GA v RSAA
Mercury Energy Ltd v Electricity Corporation of New Zealand Ltd [1994] 2 NZLR 385 (PC) So M v RSAA
Mercury Energy Ltd v Electricity Corporation of New Zealand Ltd [1994] 2 NZLR 385 (PC) AM v RSAA
Mihos v Attorney General [2008] NZAR 177 (Baragwanath J) Isak v RSAA
Mil Mohamed Mohamud v Minister of Immigration [1997] NZAR 223 (Chisholm J) Dayal v RSAA
Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 (HCA) R & R v RSAA
Minister for Immigration and Ethnic Affairs v Singh (1997) 144 ALR 284 (FC:FC) AB v RSAA

Minister for Immigration and Multicultural and Indigenous Affairs v Al Masri (2003) 197 ALR 241 (FC:FC) Yadegary v ACRP
Minister for Immigration and Multicultural Affairs v Ibrahim (2000) 204 CLR 1 (HCA)  K v RSAA No. 2
Minister for Immigration and Multicultural Affairs v Singh [2002] HCA 7; (2002) 209 CLR 533 (HCA) AG v Tamil X
Minister of Fisheries v Chief Executive of the Ministry of Fisheries [2007] NZSC 101 (NZSC) X v RSAA (Courtney)
Minister of Foreign Affairs v Benipal [1988] 2 NZLR 222 (CA)  GA v RSAA
Minister of Foreign Affairs v Benipal [1988] 2 NZLR 222 (CA) Refugee Council v A-G No. 1
Ministry of Foreign Affairs v Benipal [1988] 2 NZLR 222 (CA) A-G v Refugee Council of NZ
Minister of Foreign Affairs v Benipal [1984] 1 NZLR 758 (CA)  GA v RSAA
Minister of Immigration v Gholami [1996] NZAR 52 (CA) M v RSAA
Minister of Immigration and Multicultural and Indigenous Affairs v Al Masri (2003) 126 FCR 54 DOL v Yadegary
Misiuk v The Chief Executive of Department of Corrections [2010] NZCA 480; [2011] 2 NZLR 114 P v DOL
Misiuk v Chief Executive, Department of Corrections [2010] NZSC 140; [2011] 2 NZLR 114 P v DOL
Mohajerpour v Canada (Minister of Citizenship & Immigration) (2001) 13 Imm LR (3d) 285 (FC:TD) A v DOL
Mohebbi v Chief Executive of the Department of Labour (High Court Auckland CIV 2007-404-3710, 5 November 2007) DOL v Yadegary
Mohebbi v Minister of Immigration [2003] NZAR 685 DOL v Yadegary
Mohebbi v Minister of Immigration [2003] NZAR 685 (Chambers J) Yadegary v ACRP
Mohebbi v Minister of Immigration HC AK CIV 2003-404-000912 Mohebbi v Minister of Immigration
Moonen v Film and Literature Board of Review [2000] 2 NZLR 9 (CA) Jiao v RSAA & AG
Mosa v Canada (Minister of Employment and Immigration) (1993) 154 NR 200 (FC:CA) B v RSAA
Moussa Diallo v Immigration and Naturalization Service 232 F 3rd 279, 286 (2nd Cir 2000) Jiao v RSAA & AG
Muboyayi - R v Secretary of State for the Home Department, Ex parte Muboyayi [1992] 1 QB 255; [1991] 3 WLR 442; [1991] 4 All ER 72 (CA) Ali v Minister of Immigration
Mugesera v Canada (Minister of Citizenship and Immigration) 2005 SCC 40, [2005] 2 SCR 100 (SC:Can) AG v Tamil X
Mugesera v Canada (Minister of Citizenship and Immigration) [2005] SCC 40; (2005) 254 DLR (4th) 200 (SC:Can) X & Y v  RSAA
Murillo v Canada (Minister of Citizenship and Immigration) [2003] 3 FC 287 (FC:CA) X & Y v  RSAA
N v Refugee Status Appeals Authority (High Court Auckland, CIV-2007-404-7932, 26 August 2008, Priestley J) Isak v RSAA
Naidu v Minister of Immigration (High Court, Auckland,  M 1661-SW99, 23 March 2000, Rodney Hansen J) Achhido, Fiagadzi and Adiza v Mt Eden; DOL/NZIS
Neilsen v Attorney-General [2001] 3 NZLR 433 (CA) M v DOL
New Zealand Airline Pilots' Association Inc v Attorney-General [1997] 3 NZLR 269 (CA) Butler v A-G
New Zealand Airline Pilots Association Inc v Attorney-General [1997] 3 NZLR 267 at 289 Refugee Council v A-G No. 1
New Zealand Immigration Department v Cindy Abu (District Court Otahuhu 13 October 1999) Refugee Council v A-G No. 1
New Zealand Institute of Agricultural Science v Ellesmere County [1976] 1 NZLR 630 (CA) Attorney-General v E
New Zealand Maori Council v Attorney-General [1987] 1 NZLR 647 Refugee Council v A-G No. 1
New Zealand Maori Council v Attorney-General [1989] 2 NZLR 142 Refugee Council v A-G No. 1
New Zealand Fishing Industry Association Inc v Minister of Agriculture and Fisheries [1988] 1 NZLR 544 (CA) Isak v RSAA
New Zealand Fishing Industry Association Inc v Minister of Agriculture and Fisheries [1988] 1 NZLR 544 (CA) So M v RSAA
New Zealand Fishing Industry Association Inc v Minister of Agriculture and Fisheries [1988] 1 NZLR 544 (CA) AB v RSAA
NZ Fishing Industry Association v Minister of Agriculture and Fisheries [1988] 1 NZLR 544, 551 (CA) A-G v Refugee Council of NZ
New Zealand Maori Council v Attorney-General [1987] 1 NZLR 687 (CA) Ghuman v ADC
New Zealand Public Service Association Inc. v Hamilton City Council [1997] 1 NZLR 30 Isak v RSAA
Nicholls v Registrar of the Court of Appeal [1998] 2 NZLR 385, 436 (CA) Malkit Singh v AG (CA)
Northern Inshore Fisheries Company Ltd v Minister of Fisheries (High Court Wellington, CP235/01, 4 March 2002, Ronald Young J) So M v RSAA
Northern Inshore Fisheries Company Ltd v Minister of Fisheries (High Court Wellington, CP235/01, 4 March 2002, Ronald Young J) AM v RSAA
Northland Milk Vendors Association Inc v Northern Milk Ltd [1988] 1 NZLR 530 (CA) Z v A-G No. 2
Northland Milk Vendors Association Inc v Northern Milk Ltd [1988] 1 NZLR 530 (CA) Refugee Council v A-G No. 2
Oldfield v Secretary, Department of Primary Industry (1988) 78 ALR 718 (FC:FC) T v RSAA No. 2
Oloniluyi v Secretary of State for the Home Department [1989] Imm AR 135 (CA) Garate v RSAA
Oparah v Chief Executive of the Department of Labour (HC Auckland, CIV 2006-404-002348, 4 May 2006, Venning J) Yadegary v ACRP
Padfield v Minister of Agriculture, Fisheries and Food [1968] AC 997 (HL) DOL v Yadegary
Paramanthan v Minister of Immigration and Multicultural Affairs (1998) 160 ALR 24 (Full Ct FCA) R & R v RSAA
Paramananthan v Minister for Immigration and Multicultural Affairs (1999) 160 ALR 24 T v RSAA

Patel v Removal Review Authority [2000] NZAR 200 (CA) Yadegary v ACRP
Paternostro v Chief Executive of the Department of Corrections (High Court Auckland, CIV-2011-404-248, 26 January 2011, Asher J) P v DOL
Pelich v INZ 329 F 3d 1057 (2003) DOL v Yadegary
Penate v Canada (Minister of Employment and Immigration) [1994] 2 FC 79 (FC:TD) X & Y v  RSAA
Perera v Minister of Immigration & Multicultural Affairs (1999) 56 ALD 231 (Kenny J) A v RSAA
Phan v Minister of Immigration & Multicultural Affairs (2000) 171 ALR 323 (Kiefel J) A v RSAA
Pharmaceutical Management Agency Ltd v Roussel Uclaf Australia Pty Ltd [1998] NZAR 58 (CA) Isak v RSAA
Pharmaceutical Management Agency Ltd v Roussel Uclaf Australia Pty Ltd [1998] NZAR 58 (CA) A v DOL
Police v Travis [1989] 2 NZLR 122, 135 Abu v Mt Eden Prison
Police v Wasim (District Court Wellington, 27 March 2003, Judge BM Mackintosh) Hassan v DOL
Prahastono v Minister for Immigration and Multicultural Affairs (1997) 77 FCR 260 H v DOL
Progressive Enterprises Ltd v North Shore City Council [2006] NZRMA 72 (HC) Isak v RSAA
Prosecutor v Akayesu Case No ICTR-96-4-T2, (1998) 9 IHRR 608 AG v Tamil X
Prosecutor v Anto Furundzija (Judgment) (10 December 1998) IT-95-17/1-T (Trial Chamber, ICTY) Z v A-G No. 2
Prosecutor v Blaskic (Appeals Chamber, Case No. IT-95-14-A (29 July 2004)) (ICTY) X & Y v  RSAA
Prosecutor v Brdjanin Case No IT-99-36-A, 3 April 2007 (ICTY, Appeals Chamber) AG v Tamil X
Prosecutor v Musema
Case No ICTR-96-13-T 27 January 2000
AG v Tamil X
Prosecutor v Tadic (ICTY, Appeals Chamber) 38 ILM 1518 (1999) AG v Tamil X
Pushpanathan v Canada (Minister of Citizenship and Immigration) [1998] 1 SCR 982 (SC:Can) X & Y v  RSAA
Putnam v Alberta [1981] 2 SCR 267 MA v AG No. 2
Q v Refugee Status Appeals Authority (High Court, Wellington, CP 57/2000, 24 October 2000, Durie J H v DOL
R v Ahlquist [1989] 2 NZLR 177 (CA) R v Sabuncuoglu
R v Ahlquist [1989] 2 NZLR 177 (CA) R v Zanzoul
R v Ahmadi (District Court Auckland, 7 June 2002, Judge MF Hobbs) Hassan v DOL
R v Andersen [2005] 1 NZLR 774 (CA) DOL v Yadegary
R v Appitu (CA 31/98, 29 April 1998) R v Sabuncuoglu
R v Asfaw (United Nations High Commissioner for Refugees intervening) [2008] 2 WLR 1178 (HL) Zanzoul v R
R v Asfaw [2008] 2 WLR 1178 (HL) DOL v Yadegary
R v Aurora (CA 428/02, 27 March 2003) R v Sabuncuoglu
R v Bow Street Metropolitan Stipendiary Magistrate, Ex parte Pinochet Ugarte (No 3) [2000] 1 AC 147 (HL) Z v A-G No. 2
R v Chechelnitski (CA160/04, 1 September 2004) Elliott v R
R v Chechelnitski (2004) CA 160/04 R v Hassan
R v Chechelnitski (High Court Auckland, CRI2004-092-001239, 6 April 2004, Paterson J) M v R
R v Chief Executive of the Department of Labour (High Court Wellington, CIV-2008-485-123, 10 June 2008) Isak v RSAA
R v Clarke (CA 225/98, 3 September 1998) R v Sabuncuoglu
R v Condon [2007] 1 NZLR 300 (NZSC) Zanzoul v R
R v Criminal Injuries Compensation Board, Ex parte A [1999] 2 AC 330 (HL) Isak v RSAA
R v Criminal Injuries Compensation Board; Ex parte Lain [1967] 2 QB 864 (QBD) Santokh Singh v RSAA
R v D [2008] NZCA 254 Osman v R
R v Decorte [2005] 1 SCR 133 MA v AG No. 2
R v Diggines; Ex parte Rahmani [1985] 1 QB 1109 (CA) HP v RSAA
R v Dowling (1989) 88 Cr App R 88 (CA) R v Zanzoul (No. 2)
R v Dutt (High Court Auckland, T02554, 2 April 2004, Potter J) R v Hassan
R v Feng Lin (2001) 119 A Crim R 194 (CA NSW) Q v VC
R v Fonotia [2007] 3 NZLR 338 (CA) R v Sabuncuoglu
R v Gage 3 Vin Abridg 518 Z v A-G
R v Goodwin (No 2) [1993] 2 NZLR 390 (CA) DOL v Yadegary
R v Governor of Durham Prison, ex parte Hardial Singh [1984] 1 WLR 704 (QBD) DOL v Yadegary
R v Governor of Durham Prison; Ex parte Hardial Singh [1984] 1 WLR 704 (QBD) M v DOL
R v Governor of Durham Prison; Ex parte Hardial Singh [1984] 1 WLR 704 (QBD) Yadegary v ACRP
R v Governor of Durham Prison; Ex parte Hardial Singh [1984] 1 WLR 704 (QBD) Tishkovets v Minister of Immigration
R v Governor of Durham Prison: Ex parte Hardial Singh [1984] 1 WLR 704Abu v Mt Eden Prison
R v Governor of Durham Prison ex parte Singh [1984] 1 All ER 983 (QBD) A-G v Refugee Council of NZ
R v Grayson and Taylor [1997] 1 NZLR 399 (CA) MA v AG No. 2
R v Hannigan (CA 396/04, 18 July 2005) R v Sabuncuoglu
R v Hansen [2007] 3 NZLR 1 (NZSC) Aziz v MSD
R v Hassan [2008] NZCA 402 Osman v R
R v Hassan [2008] NZCA 402 R v Vhavha
R v Hill [2008] NZCA 381, [2008] 2 NZLR 38 Elliott v R
R v Hutchinson CA92/03, 7 July 2003 Ghuman v ADC
R v Hoe [2001] 2 NZLR 633 (CA) R v Zanzoul (No. 2)
R v Home Secretary; Ex parte Al-Mehdawi [1990] 1 AC 876 (HL) HP v RSAA
R v Home Secretary; Ex parte Bugdaycay [1987] AC 514 (HL) M v RSAA No. 3
R v Home Secretary: Ex parte Bugdaycay [1987] AC 514 (HL) Abu v Mt Eden Prison
R v Home Secretary; Ex parte Bugdaycay [1987] AC 514 (HL) Khalon v A-G
R v Home Secretary; Ex parte Ikhalk (16 April 1997) (CA) Butler v A-G
R v Home Secretary, ex parte Pierson [1998] AC 539, 589 Refugee Council v A-G No. 2
R v Home Secretary ex parte Simms [2000] 2 AC 115 (HL) DOL v Yadegary
R v Home Secretary, Ex p Simms [2000] 2 AC 115, 131 (HL) A-G v Refugee Council of NZ
R v Immigration Appeal Tribunal Ex parte Enwia [1984] 1 WLR 117 (CA) Isak v RSAA
R v IAT Ex Parte Mehta (1976) Imm AR 38 (CA) Isak v RSAA
R v Immigration Appeal Tribunal, ex parte Shah [1999] 2 AC 629 (HL) GA v RSAA
R v Immigration Appeal Tribunal; Ex parte Shah [1999] 2 AC 629 (HL) S v DOL
R v Immigration Appeal Tribunal; Ex parte Shah [1997] Imm AR 145 (Sedley J) S v DOL
R v Immigration Appeal Tribunal; Ex parte Shah [1997] Imm AR 145 (Sedley J) A v DOL
R v Immigration Appeal Tribunal; Ex parte Syeda Khatoon Shah [1997] Imm AR 145 at 153 (QBD) DG v RSAA
R v Immigration Appeal Tribunal, ex parte Syeda Khatoon Shah [1997] Imm AR 145 (QBD) Naremanov v RSAA
R v Inland Revenue Commissioner, ex parte TC Coombs and Co [1991] 2 AC 283, 300 F-H Jiao v RSAA & AG
R v Iosefa [2008] NZCA 453 Osman v R
R v Kelly [2000] QB 198 (QB) DOL v Yadegary
R v Kelly [1999] 2 All ER 13 (CA) Yadegary v ACRP
R v Keyn (1876) 2 ExD 63 Jiao v RSAA
R v Lee [2001] 3 NZLR 858 Z v A-G
R v Lillandt (High Court Christchurch, A69/01, 9 August 2001) R v Hassan
R v Mallia (CA308/91, 29 November 1991) Q v VC
R v McLeod [1988] 2 NZLR 65 (CA) R v Zanzoul (No. 2)
R v Marzouk (1994) 19 Imm LR (3d) 63 Refugee Council v A-G No. 2
R v Milk Board [1944] VLR 186 Santokh Singh v RSAA No. 2
R v Mohamed [2007] NZCA 170 R v Sabuncuoglu
R v Ngan [2008] 2 NZLR 48 (SC) MA v AG No. 2
R v Ondra [2009] NZCA 489 Osman v R
R v Ondra [2009] NZCA 489 R v Vhavha
R on the application of Q and Others v Secretary of State for the Home Department [2003] EWCA 364 Aziz v MSD
R v Powell (Anthony) [1999] 1 AC 1 (HL) AG v Tamil X
R v Qi (CA 103/01, June 2001) (CA) Hassan v DOL
R v Rahimi (District Court Auckland, 30 April 2002 Judge SG Lockhart QC) Hassan v DOL
R v Rahimi (District Court Auckland, 14 December 2001, Judge RL Kerr) Hassan v DOL
R v Ramstead (CA428/96, 12 May 1997) (CA) R v Zanzoul (No. 2)
R v Ripia [1985] 1 NZLR 122 (CA) R v Zanzoul (No. 2)
R v Secretary of State for Foreign and Commonwealth Affairs; Ex parte Rees-Mogg [1994] QB 552 Butler v A-G
R v Secretary of State for Social Security; Ex parte Joint Council for the Welfare of Immigrants [1997] 1 WLR 275; [1996] 4 All ER 385 (CA) Rajabian v Dept Work & Income
R v Secretary of State for the Home Department; Ex parte Bolat [1991] Imm AR 417 (QBD) Khalan v A-G
R v Secretary of State for the Home Department; Ex parte Bugdaycay [1987] AC 514 (HL) Attorney-General v E
R v Secretary of State for the Home Department; Ex parte Bugdaycay [1987] AC 514 (HL) Butler v A-G
R v Secretary of State for the Home Department; Ex parte Bugdaycay [1987] AC 514 (HL) Santokh Singh v RSAA
R v Secretary of State for the Home Department; Ex parte Daly [2001] 2 AC 532 (HL) S v DOL
R v Secretary of State for the Home Department, ex parte I [2002] EWCA Civ 888 (CA) Yadegary v ACRP
R v Secretary of State for the Home Department, Ex parte Islam [1990] Imm AR 220 (QBD) Garate v RSAA
R v Secretary of State for the Home Department, ex parte Jahangeer [1993] Imm AR 56 (QBD) Appiah v Police
R v Secretary of State for the Home Department; Ex parte "K" [1990] Imm AR 393 (QBD) Khalan v A-G
R v Secretary of State for the Home Department, Ex parte Khan [1995] 2 All ER 540 (CA) Abu v Mt Eden Prison
R v Secretary of State for the Home Department, ex p Khan [1995] 2 All ER 540 (CA) A-G v Refugee Council of NZ
R v Secretary of State for the Home Department; Ex parte Khawaja [1984] AC 74 (HL) M v DOL
R v Secretary of State for the Home Department, Ex parte Muboyayi [1992] 1 QB 255; [1991] 3 WLR 442; [1991] 4 All ER 72 (CA) Ali v Minister of Immigration
R v Secretary of State for the Home Department; Ex parte Northumbria Police Authority [1989] WB 26 (CA) Santokh Singh v RSAA
R v Secretary of State for the Home Department; Ex parte Robinson [1997] 3 WLR 1162; [1997] 4 All ER 210 (CA) Butler v A-G
R v Secretary of State for the Home Department, Ex parte Simms [2000] 2 AC 115 (HL) Refugee Council v A-G No. 1
R v Secretary of State for the Home Department; Ex parte Sivakumaran [1988] AC 958 (HL) Naremanov v RSAA
R v Secretary of State for the Home Department; Ex parte Sivakumaran [1988] AC 958, 1000 (HL) Butler v A-G
R v Secretary of State for Home Department, ex parte Swati [1986] 1 All ER 717 (CA) Z v A-G
R v Secretary of State for the Home Department; Ex parte Turkoglu [1988] 1 QB 398 (CA) Z v A-G
R v Secretary of State for Social Welfare; Ex parte Joint Council for the Welfare of Immigrants [1997] 1 WLR 275 (CA) Aziz v MSD
R v Smith [2003] 3 NZLR 617 (CA) R v Zanzoul (No. 2)
R v Spilsbury (1898) 2 QB 615 Z v A-G
R v Stretch [1982] 1 NZLR 225 (CA) R v Zanzoul (No. 2)
R v Tapueluelu (CA 172/99, 29 July 1999) R v Sabuncuoglu
R v Tran (1994) 117 DLR (4th) 7 (SC:Can) A v RSAA
R v Travis [1989] 2 NZLR 122 Tishkovets v Minister of Immigration
R v Tsiaras [1966] 1 VR 398 R v Sabuncuoglu
R v Uxbridge Magistrates' Court, Ex parte Adimi [2001] QB 667 X v R
R v Uxbridge Magistrates’ Court, ex p Ademi [2001] QB 667 (QB) DOL v Yadegary
R v Uxbridge Magistrates' Court; Ex parte Adimi [2001] QB 667 Hassan v DOL
R v Uxbridge Magistrates' Court; Ex parte Adimi [2001] QB 667 R v Zanzoul (No. 2)
R v Uxbridge Magistrates' Court; Ex parte Adimi [2001] QB 667 M v R
R v Uxbridge Magistrates' Court; Ex parte Adimi [2001] QB 667 Attorney-General v E

R v Uxbridge Magistrates' Court; Ex parte Adimi [2001] QB 667 A v NZ Police
R v Uxbridge Magistrates' Court; Ex parte Adimi [2001] QB 667 Ghuman v ADC
R v Uxbridge Magistrates' Court; Ex parte Adimi [2001] QB 667 Refugee Council v A-G No. 2
R v Uxbridge Magistrates' Court; Ex parte Adimi [2001] QB 667 Refugee Council v A-G No. 1
R v Vhavha [2009] NZCA 588 Osman v R
R v Webber [1999] 1 NZLR 656 (CA) Zanzoul v R
R v Webber [1999] 1 NZLR 656 (CA) R v Zanzoul (No. 2)
R v Webber (1998) 16 CRNZ 252 (CA) R v Zanzoul
R v West Sussex Quarter Sessions; Ex parte Johnson (Albert and Mand) Trust Co. Ltd [1973] 3 All ER 289 Isak v RSAA
R v [X] DC Manukau CRI-2007-092-339, 26 August 2009 X v R
R v Zanzoul (High Court Auckland, CRI 2004-092-007694, 4 August 2006) R v Vhavha
R v Zanzoul (CA297/06, 6 December 2006) X v R
R v Zanzoul (2006) CA 297/06 R v Hassan
R v Zaoui [2006] 1 NZLR 289 (NZSC) Isak v RSAA
R v Zhang (CA56/05, 24 May 2005) R v Sabuncuoglu
R v Zhang (CA56/05, 24 May 2005) R v Zanzoul
R(A) v Chief Constable of C [2004] 1 WLR 461 (HC) MA v AG No. 2
R (A) v Home Secretary [2007] EWCA Civ 804 DOL v Yadegary
R (European Roma Rights Centre) v Immigration Officer at Prague Airport [2005] 2 ACL 1 (HL) Z v A-G No. 2
R (ex parte A) v Secretary of State for the Home Department [2007] EWCA Civ 804 DOL v Yadegary
R (Haile) v Immigration Appeal Tribunal [2001] EWCA Civ 663 Isak v RSAA
R (JS (Sri Lanka)) v Secretary of State for the Home Department [2010] UKSC 15; [2010] 2 WLR 766 (UKSC) AG v Tamil X
R (JS (Sri Lanka)) v Secretary of State for the Home Department [2009] EWCA Civ 364, [2010] 2 WLR 17 (UKSC) AG v Tamil X
R (I) v Home Secretary [2003] INLR 196 (CA) DOL v Yadegary
R (Mahmood) v Secretary of State for the Home Department [2001] 1 WLR 840 (CA) M v RSAA No. 3
R (on the application of "I") v Secretary of State for the Home Department [2002] EWCA Civ 888 (CA) M v DOL
R (on the application of Saadi and others) v Secretary of State for the Home Department [2002] 1 WLR 3131 (HL) DOL v Yadegary
R (Q) v Home Secretary [2006] EWHC 2690 (Admin) DOL v Yadegary
R (Sezek) v Secretary of State for the Home Department [2002] 1 WLR 348 (CA) Z v A-G
R (Tofik) v IAT [2003] EWCA Civ 1138 Isak v RSAA
R (Ullah) v Special Adjudicator [2003] 1 WLR 770 (CA) Z v A-G No. 2
Rahmani v Diggines; R v Diggines; Ex parte Rahmani [1986] 2 WLR 530 (CA) Isak v RSAA
Rajabian v Chief Executive of the Department of Work and Income New Zealand (High Court Auckland, CIV2004-485-671, 12 October 2004, Potter J) Aziz v MSD
Rajamani v R [2008] 1 NZLR 723 (NZSC) DOL v Yadegary
Rajan v Minister of Immigration [2004] NZAR 615 (CA) M R v RSAA
Rajan v Minister of Immigration [2004] NZAR 615 (CA) M v RSAA No. 4
Rajendra Patel v Removal Review Authority [2000] NZAR 200 (CA) H v DOL
Raju v Chief Executive Department of Labour (High Court, Wellington, AP307/95, 8 October 1996, McGechan J) Dayal v RSAA
Rajudeen v Minister of Employment and Immigration (1984) 55 NR 129 DG v RSAA
Rajudeen v Minister of Employment and Immigration (1984) 55 NR 129 Dayal v RSAA
Ramirez v Canada (Minister of Employment and Immigration) (1992) 89 DLR (4th) 173 (FCA) AG v Tamil X
Ramirez v Canada (Minister of Employment and Immigration) [1992] 2 FC 306 (FC:CA) X & Y v  RSAA
Ramirez v Minister of Employment and Immigration [1992] 2 FC 306 (FC:CA) Garate v RSAA
Randhawa v Minister for Immigration, Local Government and Ethnic Affairs (1994)] 124 ALR 265, 270-271, 280 (Black CJ and Whitlam J) (FC:FC) Butler v A-G
Rathod v Minister of Immigration (High Court, Wellington, AP311/94 & CP332/94, 15 July 1997, Goddard J) Dayal v RSAA
Re Barrell Enterprises [1973] 1 WLR 19 (CA) DOL v Yadegary
Re Davies (1888) 21 QBD 236 DOL v Yadegary
Re Erebus Royal Commission: Air New Zealand v Mahon [1983] NZLR 662 (PC) AA v RSAA
Re Erebus Royal Commission; Air New Zealand Limited v Mahon [1983] NZLR 662 (PC) Khalan v A-G
Re Erebus Royal Commission; Air New Zealand Limited v Mahon (No. 2) [1981] 1 NZLR 618 (CA) Khalan v A-G
Re Erebus Royal Commission; Air New Zealand Limited v Mahon [1983] NZLR 662 (PC) Santokh Singh v RSAA No. 2
Re Hetherington [1990] Ch 1, 10 per Sir Nicolas Browne-Wilkinson V-CRefugee Council v A-G No. 2
Re Montagu's Settlement Trusts [1987] Ch 264 at 273 Refugee Council v A-G No. 1
Re Singh v Minister of Employment and Immigration [1985] 1 SCR 177 (SC:Can) Santokh Singh v RSAA
Reg v Home Secretary, Ex p Pierson [1998] AC 539, 588 Refugee Council v A-G No. 1
Refugee Appeal Nos. 1/91 Re TLY and 2/91 Re LAB [1992] NZAR 542 (RSAA) Jiao v RSAA
Refugee Appeal No. 70975/98 (3 December 1998) A v RSAA
Refugee Appeal No. 300/92, Re MSM (1 March 1994) (NZRSAA) X & Y v  RSAA
Refugee Appeal No. 308/92 Re UR (28 March 1994) Dayal v RSAA
Refugee Appeal No. 371/92 Re ZJ (9 May 1994) 9 Appiah v Police
Refugee Appeal No. 523/92 (17 March 1995) (NZRSAA) Aivazov v RSAA
Refugee Appeal No. 523/92 Re RS (17 March 1995) (RSAA) Jiao v RSAA
Refugee Appeal No. 523/92 Re RS (17 March 1995) T v RSAA
Refugee Appeal No. 523/92 Re RS (17 March 1995) C v RSAA
Refugee Appeal No. 523/92 Re RS (17 March 1995) Achhido, Fiagadzi and Adiza v Mt Eden; DOL/NZIS
Refugee Appeal No. 523/92 Re RS (17 March 1995) AB v RSAA
Refugee Appeal No. 523/92 Re RS (17 March 1995) B v RSAA
Refugee Appeal No. 523/92 Re RS (17 March 1995) Garate v RSAA
Refugee Appeal No. 523/92 Re RS (17 March 1995) (NZRSAA) Khalan v A-G
Refugee Appeal No. 523/92 Re RS (17 March 1995) Malkit Singh v A-G
Refugee Appeal No. 1039/93 Re HBS and LBY (13 February 1995) (RSAA)  K v RSAA No. 2
Refugee Appeal No. 1248/93 Re TP (31 July 1995) S v RSAA
Refugee Appeal No. 1249/93 Re TP (31 July 1995) Garate v RSAA
Refugee Appeal No. 1312/93 re GJ [1998] INLR 387 (NZRSAA)  GA v RSAA
Refugee Appeal No. 1655/90 Re MSI (23 November 1995) Garate v RSAA
Refugee Appeal No. 2039/93 Re MN (12 February 1996) (RSAA)  K v RSAA No. 2
Refugee Appeal No. 2039/93 Re MN (12 February 1996) DG v RSAA
Refugee Appeal No. 2245/94 Re SS (28 October 1994) Amarverinder
Refugee Appeal No 27558/01 and 27559/01 (19 November 2002) (NZRSAA) S v DOL
Refugee Appeal No. 70050/96 Re BS (20 February 1997); [1997] NZAR 433 (NZRSAA) S v RSAA
Refugee Appeal No 70074/96 (17 September 1996) (NZRSAA) S v DOL
Refugee Appeal No. 70975/98 (3 December 1998) A v RSAA
Refugee Appeal No. 71346/99 (28 October 1999) (NZRSAA) Isak v RSAA
Refugee Appeal No. 71404/99 (29 October 1999) DG v RSAA
Refugee Appeal No. 71404/99 (29 October 1999) Q v RSAA
Refugee Appeal No. 71427/99 (16 August 2000); [2000] NZAR 545 (NZRSAA) Isak v RSAA
Refugee Appeal No. 71427/99 (16 August 2000); [2000] NZAR 545 (NZRSAA) Q v RSAA
Refugee Appeal No. 71684/99 (29 October 1999) Malkit Singh v AG (CA)
Refugee Appeal No. 72668/01 [2002] NZAR 649 (NZRSAA) AG v Tamil X
Refugee Appeal No. 72668/01 [2002] NZAR 649 A v NZ Police
Refugee Appeal No. 72668/01 [2002] NZAR 649 (RSAA) Jiao v RSAA
Refugee Appeal No. 72668/01 [2002] NZAR 649 Jiao v RSAA & AG
Refugee Appeal No. 72668/01 [2002] NZAR 649 Refugee Council v A-G No. 2
Refugee Appeal No. 73939-73942/2002 (16 April 2003) (RSAA)  K v RSAA No. 2
Refugee Appeal No. 73945 (27 June 2006) F v RSAA
Refugee Appeal No. 74665/03 [2005] NZAR 60 (NZRSAA)  GA v RSAA
Refugee Appeal No. 74838 and 747839 (14 July 2004) (NZRSAA) S v DOL
Refugee Appeal No. 74686 (26 November 2004) (NZRSAA) S v DOL
Refugee Appeals No 74796 and No 74797 RSAA Wellington, 19 April 2006, RPG Haines QC and M Hodgen AG v Tamil X
Refugee Appeal No. 75248 (19 May 2005) S v DOL (CA)
Refugee Appeal No. 76062 (15 October 2007) (NZRSAA) Isak v RSAA
Refugee Appeals Nos. 76335 and 76364 (29 September 2009) (NZRSAA) Isak v RSAA
Refugee Appeal No. 76339 (23 April 2010) M v DOL
Refugee Council of New Zealand Inc. v Attorney-General (No. 2) [2002] NZAR 769 A v NZ Police
Refugee Council of New Zealand Inc. v Attorney-General (No. 1) [2002] NZAR 717 A v NZ Police
Refugee Council of New Zealand v Attorney-General (High Court Auckland, M1881-AS01, 31 May 2002, Baragwanath J) Sylva v Minister of Immigration
Reid v Rowley [1977] 2 NZLR 472 (CA) Malkit Singh v A-G
Reid v Rowley [1977] 2 NZLR 472 (CA) Attorney-General v E
Reihana v Christchurch Maori Land Court (High Court Christchurch, CP151/00, 13 December 2000, Panckhurst J) M v RSAA No. 4
Re Naredo v Minister of Employment and Immigration (1981) 130 DLR (3d) 752 (FC:CA) X & Y v  RSAA
Re Wellington Central Election Petition, Shand v Comber [1973] 2 NZLR 470 (FC) Attorney-General v E
Rojas v The Queen (1978) 88 DLR (3d) 154 DOL v Yadegary
Roodal v State of Trinidad and Tobago [2005] 1 AC 328 (PC) DOL v Yadegary
Roussel Uclaf Australia Pty Ltd v Pharmaceutical Management Agency Ltd [1997] 1 NZLR 650 (CA) So M v RSAA
Roussel Uclaf Australia Pty Limited v Pharmaceutical Management Agency Limited [1997] 1 NZLR 650, 658 (CA) Don v RSAA
Roussel Uclaf Australia Pty Ltd v Pharmaceutical Management Agency Limited [1997] 1 NZLR 650 (CA) AB v RSAA
Roussel Uclaf Australia Pty Ltd v Pharmaceutical Management Agency Ltd [1997] 1 NZLR 650, 658 (CA) ASA v RSAA
Russell v Duke of Norfolk [1949] 1 All ER 109 (CA) Khalon v A-G
S v Chief Executive of the Department of Labour (CA18/06, 8 May 2007) X v RSAA (Courtney)
S v Chief Executive of Department of Labour [2006] NZAR 234 (Keane J) MN v  RSAA
S v Chief Executive of the Department of Labour [2006] NZAR 234 (Keane J) S v DOL (CA)
S v Refugee Status Appeals Authority (High Court, Wellington, CP 203/97, 7 April 1998, Gallen J) DG v RSAA
S v Refugee Status Appeals Authority (High Court, Wellington, CP203/97, 7 April 1998, Gallen J) AB v RSAA
S v Refugee Status Appeals Authority (High Court, Wellington, CP 203/97, 7 April 1998, Gallen J) T v RSAA
S v Refugee Status Appeals Authority [1998] 2 NZLR 291 (CA) AG v Tamil X
S v Refugee Status Appeals Authority [1998] 2 NZLR 291 (CA) X & Y v  RSAA
S v Refugee Status Appeals Authority [1998] 2 NZLR 291 (CA) A-G v X & Z
S v Refugee Status Appeals Authority [1998] 2 NZLR 291 (CA) Z v A-G No. 2
S v Refugee Status Appeals Authority [1998] 2 NZLR 291 (CA) M v RSAA No. 3
S v Refugee Status Appeals Authority [1998] 2 NZLR 291 (CA) Attorney-General v E
S v Refugee Status Appeals Authority [1998] 2 NZLR 301 (Smellie J) X & Y v  RSAA
S v Refugee Status Appeals Authority [1998] 2 NZLR 301 (Smellie J) S v RSAA (CA)
Sahin v Canada (Minister of Citizenship and Immigration) [1995] 1 FC 214 DOL v Yadegary
Saloman v Commissioners of Customs & Excise [1967] 2 QB 116 143 Refugee Council v A-G No. 1
Santokh Singh v Refugee Status Appeals Authority (High Court Auckland, M1224-93, 9 February 1994, Smellie J) A v RSAA
Santokh Singh v Refugee Status Appeals Authority [1994] NZAR 193 (Smellie J) Khalan v A-G
Santokh Singh v Refugee Status Appeals Authority (No. 2) (High Court Auckland, M 1224/93, 9 February 1994, Smellie J) Khalon v A-G
Savril Contractors Limited v Bank of New Zealand {CP92/00, Hamilton Registry, 8 May 2002) Refugee Council v A-G No. 2
SCFP Local 301 v Quebec Conseil de Service Essentiels [1997] 1 SCR 793 (SC:Can) T v RSAA No. 2
Schmidt v Secretary of State [1969] 2 Ch 149 (CA) Santokh Singh v RSAA
Secretary of State for the Home Department v Rehman [2003] 1 AC 153 (HL) Z v A-G No. 2
Sellers v Maritime Safety Inspector [1999] 2 NZLR 44 (CA) Z v A-G No. 2
Sellers v Maritime Safety Inspector [1999] 2 NZLR 44 (CA) Z v A-G
Shah (Syeda Khatoon) - R v Immigration Appeal Tribunal, ex parte Syeda Khatoon Shah [1997] Imm AR 145 (QBD)
Naremanov v RSAA
Sham Lou v Canada (Minister of Citizenship and Immigration) (1995) 32 Imm LR (2nd) 135 (FC:TD) S v RSAA
Shaqlane v The Minister of Immigration DRT 019/02, 29 August 2003 (NZDRT) Isak v RSAA
Sharma v Police (High Court Auckland, CRI 2006-404-173, 23 November 2006, Simon France J) R v Hassan
Shipping Corporation of India Limited v Gamlen Chemical Co Australasia Pty Limited (1980) 147 CLR 142 (HCA) T v RSAA
Siderman de Blake v Argentina, 965 F 2d 699 (9th Cir 1992) Z v A-G No. 2
Singh v Minister of Immigration (HC Auckland, 9 February 1998 M.1561/97, Williams J) GA v RSAA
Singh v Police (High Court Auckland, AP43/92, 6 March 1992, Barker J) M v R
Singh v Police (High Court, Auckland, AP43/92, 6 March 1992, Barker J) Appiah v Police

Singh v Refugee Status Appeals Authority [1994] NZAR 193 (Smellie J) AB v RSAA
Singh v Refugee Status Appeals Authority [1994] NZAR 193 (Smellie J) Naremanov v RSAA
Singh v Refugee Status Appeals Authority [1994] NZAR 193 A-G v Refugee Council of NZ
Singh v Refugee Status Branch (High Court, Auckland, M715/97, 25 August 1997) Teerath Singh v RSAA
Singh v Refugee Status Appeals Authority [1994] NZAR 193 (Smellie J) B v RSAA
Singh (Hardial) - R v Governor of Durham Prison: Ex parte Hardial Singh [1984] 1 WLR 704 Abu v Mt Eden Prison
Sinnathamby v Minister for Immigration and Ethnic Affairs (1986) 66 ALR 502 (FC:FC) Khalon v A-G
Sivakumar v Canada (Minister of Employment and Immigration) [1994] 1 FC 433 (FC:CA) X & Y v  RSAA
Sivakumar v Canada (Minister of Employment and Immigration) [1994] 1 FC 433 (FC:CA) Garate v RSAA
Sivakumaran - R v Secretary of State for the Home Department; Ex parte Sivakumaran [1988] AC 958 (HL) Naremanov v RSAA
Slipper Island Resort Limited v No. 1 Town and Country Planning Appeal Board [1981] 1 NZLR 143, 145 (CA) Malkit Singh v A-G
Society for the Prevention of Cruelty to Animals (Auckland) Inc v District Court at Auckland (High Court Auckland, M No. 1247/92, 30 March 1993, Tomkins J) Khalan v A-G
Soering v United Kingdom (1989) 11 EHRR 439 (E Ct HR) Z v A-G No. 2
Solicitor-General v Siemer (High Court Auckland CIV 2008-404-472, 8 July 2008) DOL v Yadegary
Somaghi v Minister for Immigration, Local Government and Ethnic Affairs (1991) 102 ALR 339 (FC:FC) Khalan v A-G
So M v Refugee Status Appeals Authority (High Court Auckland, CIV-2004-404-6740, 20 October 2005, Courtney J) MN v  RSAA
Sook Rye Son v Minister of Immigration & Multicultural Affairs (1999) 161 ALR 612 (FC:FC) A v RSAA
State v Jayachandra [1997] INSC 288 (Criminal Appeal No 823 of 1996) AG v Tamil X
Stepping Stones Nursery v Attorney-General [2002] 3 NZLR 414 (HC) MA v AG No. 2
Stininato v Auckland Boxing Association [1978] 1 NZLR 1 (CA) Attorney-General v E
Sumaida v Canada (Minister of Citizenship and Immigration) (2000) 183 DLR (4th) 713 (FCA) AG v Tamil X
Sumaida v Canada (Minister of Citizenship and Immigration) [2000] 3 FC 66 (FC:CA) X & Y v  RSAA
Suresh v Canada (Minister of Immigration and Citizenship) [2002] 1 SCR 3 (SC:Can) Z v A-G No. 2
Surinder Kumar v Gardiner (High Court Auckland, M 958/97, 11 July 1997, Robertson J) Abu v Mt Eden Prison
SWH v Refugee Status Appeals Authority (CP203/97, HC Wellington, 7 April 1998) R & R v RSAA
Szoma v Secretary of State for the Department of Work and Pensions [2005] UKHL 64 (HL) Aziz v MSD
T v Immigration Officer [1996] AC 742 (HL) AG v Tamil X
T v Refugee Status Appeals Authority [2004] NZAR 552 (Miller J) Isak v RSAA
T v Refugee Status Appeals Authority [2001] NZAR 749 (Durie J) S v DOL (CA)
T v Refugee Status Appeals Authority [2001] NZAR 749 Jiao v RSAA
T v Refugee Status Appeals Authority [2001] NZAR 749 (Durie J) Jiao v RSAA & AG
T v Secretary of State for the Home Department [1996] AC 742 (HL) X & Y v  RSAA
T v Secretary of State for the Home Department [1996] AC 742, 768 (HL) S v RSAA
T v Secretary of State for the Home Department [1996] AC 742 (HL) S v RSAA (CA)
Taiaroa v Minister of Justice (High Court Wellington, CP99/94, 4 October 1994, McGechan J) So M v RSAA
Taiaroa v Minister of Justice (High Court Wellington, CP99/94, 4 October 1994, McGechan J) AM v RSAA
Taiaroa v Minister of Justice (High Court, Wellington, CP99/94, 4 October 1994, McGechan J) AB v RSAA
Talukder v Removal Review Authority (High Court, Auckland, M140/95, 30 March 1995, Thorp J) B v RSAA
Tamil X v Refugee Status Appeals Authority [2009] NZCA 488, [2010] 2 NZLR 73 (CA) AG v Tamil X
Tan Te Lam v Detention Centre [1997] AC 97 (PC) A-G v Refugee Council of NZ
Tan Te Lam v Superintendent of Tai A Chau Detention Centre [1997] AC97 (PC) M v DOL
Tan Te Lam v Superintendent of Tai A Chau Detention Centre [1997] AC 97 (PC) Yadegary v ACRP
Tan Te Lam v Superintendent of Tai A Chau Detention Centre [1997] AC 97 (PC) Tishkovets v Minister of Immigration
Tan Te Lam v Superintendent of Tai A Chau Detention Centre [1997] AC 97Abu v Mt Eden Prison
Tan Te Lam v Tai A Chau Detention Centre [1997] AC 97 (PC) DOL v Yadegary
Tan Te Man v Tai A Chau Detention Centre [1997] AC 97, 111 (PC) Refugee Council v A-G No. 1
Taunoa v Attorney-General [2008] 1 NZLR 429 (NZSC) DOL v Yadegary
Tavita v Minister of Immigration [1994] 2 NZLR 257 X v R
Tavita v Minister of Immigration  [1994] 2 NZLR 257 (CA) Ghuman v ADC
Tavita v Minister of Immigration [1994] 2 NZLR 257 (CA) M v RSAA No. 3
Tavita v  Minister of Immigration [1994] 2 NZLR 257 (CA) Butler v A-G
Tavita v Minister of Immigration [1994] 2 NZLR 257 at 266 (CA) Refugee Council v A-G No. 2
Tay v Attorney-General [1992] 2 NZLR 693 Teerath Singh v RSAA
Tcherepenine v Chief Executive Department of Labour (High Court, Wellington, AP79/96, 8 October 1996, McGechan J) Dayal v RSAA
Television New Zealand Ltd v Rogers [2008] 2 NZLR 277 MA v AG No. 2
Te Waka Hi Ika o Te Arawa v The Treaty of Waitangi Fisheries Commission [2000] 1 NZLR 285 at 297 Refugee Council v A-G No. 1
Thalary v Minister for Immigration and Ethnic Affairs (1997) 73 FCR 437 H v DOL
Thames Valley Electric Power Board v NZFP Pulp and Paper Ltd [1994] 2 NZLR 641 (CA) Isak v RSAA
Thames Valley Electric Power Board v NZFP Pulp & Paper Ltd [1994] 2 NZLR 641 (CA) A v DOL
Thames Valley EPB v NZFP Pulp & Paper Ltd [1994] 2 NZLR 641 at 648 Refugee Council v A-G No. 1
The Miraflores v The Abadesa [1967] 1 AC 826, 847 Ghuman v ADC
The Queen on the application of S v The Secretary of State for the Home Department [2003] EWHC 1941 Aziz v MSD
Timmins v Legal Aid Review Panel [2004] 1 NZLR 708 (Wild J) LSA v Hosseini
Thirunavukkarasu v Canada (Minister of Employment and Immigration [1994] 1 FC 589, 598-599 (FC:CA) Butler v A-G
Thomas v Baptiste  [2000] 2 AC 1 (PC) Ghuman v ADC
Thomas v Removal Review Authority (High Court, Rotorua, AP 39/00, 26 October 2000, Fisher J) Achhido, Fiagadzi and Adiza v Mt Eden; DOL/NZIS
Thompson v Treaty of Waitangi Fisheries Commission [2005] 2 NZLR 9 (CA) A v DOL
Three Rivers District Council v Governor and Company of the Bank of England (No 6) [2005] 1 AC 610 (HL) MA v AG No. 2
Three Rivers District Council v Governor and Company of the Bank of England [2005] 1 AC 610 (HL) MA v AG
Tobin v Minister for Correctional Services (1980) 24 SASR 389 Z v A-G
TVNZ v Prebble [1993] 3 NZLR 513 (CA) T v RSAA

U and V v Refugee Status Appeals Authority (High Court Auckland, CIV-2003-404-002530, 30 September 2003, Harrison J) M v RSAA No. 5
U and V v Refugee Status Appeals Authority (High Court Auckland, CIV2003-204-002530, 30 September 2003, Harrison J) GA v RSAA
U & V v Refugee Status Appeals Authority (High Court Auckland, CIV2003-404-002530, 30 September 2003, Harrison J) O & L v RSAA
Udy v Police [1964] NZLR 235 Hassan v DOL
Udy v Police [1964] NZLR 235 R v Zanzoul (No. 2)
van Alphen v The Netherlands Comm 305/1988 23 July 1990 (UNHRC) DOL v Yadegary
Vergis (CA 165/92, 17 July 1992) (CA) Hassan v DOL
Victoria Council for Civil Liberties v Minister for Immigration and Cultural Affairs [2002] 1 LRC 189 (Federal Court of Australia) Refugee Council v A-G No. 1
Wellington City Council New Zealand Limited v Woolworths New Zealand Limited (No. 2) [1996] 2 NZLR 537 (CA) Isak v RSAA
Wellington City Council v Woolworths New Zealand (No.2) [1996] 2 NZLR 537 (CA) AA v RSAA
Wellington City Council v Woolworths NZ Ltd (No 2) [1996] 2 NZLR 537 (CA) Dayal v RSAA
Wellington Club v Carson & Wellington City [1972] NZLR 698 Refugee Council v A-G No. 2
West Micland Baptist Association v Birmingham Corporation [1970] AC 874 at 898 per Lord Reid Refugee Council v A-G No. 2
Westpac Banking Corporation v John Fairfax Group Pty Ltd (1991) 19 IPR 513 (NSWSC) MA v AG No. 2
Westwood v Lightly (1984) 2 FCR 41 (FCA) MA v AG No. 2
Wilkins & Field Ltd v Fortune [1998] 2 ERNZ 70 DOL v Yadegary
Wilsons & Clyde Coal Co Ltd v English [1938] AC 57 (HL) Ghuman v ADC
Wislang v Medical Practitioners' Disciplinary Committee [1974] 1 NZLR 29, 44 Malkit Singh v A-G
Wolf v Minister of Immigration [2004] NZAR 414 (Wild J) Isak v RSAA
Wolf v Minister of Immigration [2004] NZAR 414 (Wild J) F v RSAA
Wolf v Minister of Immigration [2004] NZAR 414 (Wild J) S v DOL
Wolf v Minister of Immigration [2004] NZAR 414 (Wild J) A v DOL
Wong v R [2008] NZSC 29 DOL v Yadegary
Woolgar v Chief Constable of the Sussex Police [1999] 3 All ER 604 (CA) MA v AG No. 2
Wu v Minister of Immigration and Ethnic Affairs (1995) 130 ALR 367 (FC:FC) Zhan v RSAA
X v Refugee Status Appeals Authority (High Court Auckland, CIV-2006-404-4213, 17 December 2007, Courtney J) AG v Tamil X
X v Refugee Status Appeals Authority [2010] 2 NZLR 73 (CA) Isak v RSAA
X v Refugee Status Appeals Authority [2006] 2 NZAR 535 MA v AG
X v Refugee Status Appeals Authority [2006] NZAR 533 (Baragwanath J) Z v AGNZ
X & Y v Refugee Status Appeals Authority (High Court Auckland, CIV-2006-404-4213, 17 December 2007, Courtney J) MN v  RSAA
Yadegary v Manager, Custodial Services, Auckland Central Remand Prison [2007] NZAR 436 (Courtney J) DOL v Yadegary
Yadegary v Manager Custodial Services, Auckland Central Remand Prison [2007] NZAR 436 M v DOL
Ye v Minister of Immigration [2008] NZCA 291 MS v MOI
Yu & Cha v Chief Executive Department of Labour (High Court Auckland, CIV2006-404-5702, 13 November 2006, Winkelmann J) M R v RSAA
Zadvydas v Davis 533 US 678 (2001) DOL v Yadegary
Zadvydas v Davis 533 US 678 (2001) M v DOL
Zakshevsky v Minister of Immigration (HC Auckland, M669-02, 11 June 2002, Heath J) Z v AGNZ
Zanzoul v R [2008] NZSC 44 X v R
Zaoui v Attorney-General [2005] 1 NZLR 577 DOL v Yadegary
Zaoui v Attorney-General [2005] 1 NZLR 577 (CA) M v DOL
Zaoui v Attorney-General (No 2) [2005] 1 NZLR 690 (CA) Z v AGNZ
Zaoui v Attorney-General (No 2) [2005] 1 NZLR 690 (CA) Z v A-G No. 2
Zaoui v Attorney-General [2004] 2 NZLR 339 (Williams J) Z v AGNZ
Zaoui v Attorney-General [2004] 2 NZLR 339 (Williams J) M v RSAA No. 4
Zaoui v Attorney-General [2004] 2 NZLR 339 (Williams J) Z v A-G No. 2
Zaoui v Attorney-General (High Court Auckland, CIV2004-404-2309, 16 July 2004) Rajabian v Dept Work & Income
Zazai v Canada (Minister of Citizenship and Immigration) [2004] 41 Imm LR (3d) 60 (FC:TD) X & Y v  RSAA
Zhan v Refugee Status Appeals Authority (High Court Auckland, M47/95, 8 March 1996, Morris J) O & L v RSAA
Zhan v Refugee Status Appeals Authority (High Court Auckland, M45/95, 8 March 1996, Morris J) Amarjit Singh v RSB
Zhan v Refugee Status Appeals Authority (High Court Auckland, M 45/95, 8 March 1996, Morris J) Avtar Singh v RSB
Zrig v Canada (Minister of Citizenship and Immigration) (2003) 229 DLR (4th) 235 (FCA) AG v Tamil X
Zrig v Canada (Minister of Citizenship and Immigration) [2003] 3 FC 761 (FC:CA) X & Y v  RSAA
 
TABLE OF STATUTES REFERRED TO


Crimes Act 1961

s 98C(1)
R v Victor Chechelnitski

s 111
R v Hassan (CA, 2008)
Hassan v Department of Labour

s 117(e)
R v Hassan (CA, 2008)

s 229A
R v Sabuncuoglu (CA, 2008)
Sakran v Minister of Immigration
A v New Zealand Police

s 229A(b)
Hassan v Department of Labour

s 257(1)(b)
R v Hassan (CA, 2008)

s 310
Elliott v R
(CA, 2010)

Evidence Act 2006

s 69
MA v Attorney-General (No. 3) (NZSC, 2010)

Habeas Corpus Act 2001

s 9(2)
Mohebbi v Minister of Immigration

s 14(1)
Mohebbi v Minister of Immigration

Immigration Act 2009

s 316
Paternostro v Chief Executive of Department of Labour (CA, 2011)

s 317
Paternostro v Chief Executive of Department of Labour (CA, 2011)

s 443
Paternostro v Chief Executive of Department of Labour (CA, 2011)

Immigration Act 1987

s 2
Naremanov v Refugee Status Appeals Authority

s 4
Aziz v Chief Executive of the Ministry of Social Development
Rajabian v Chief Executive of the Department of Work and Income New Zealand

s 33
Naremanov v Refugee Status Appeals Authority

s 46
Naremanov v Refugee Status Appeals Authority

s 47
Aziz v Chief Executive of the Ministry of Social Development
H v Chief Executive of the Department of Labour

s 53
Aziz v Chief Executive of the Ministry of Social Development

s 59
Zayr v Chief Executive, Department of Labour

s 59 & 60
Yadegary v Manager, Custodial Services, Auckland Central Remand Prison

s 60
Chief Executive of the Department of Labour v Yadegary (CA, 2008)
Mohebbi v Department of Labour
Mohebbi v Minister of Immigration

s 63(3)
Parkash Mann v Attorney-General

s 72
Zaoui v Attorney-General (No. 2)

s 114D
Zaoui v Attorney-General

s 114H
Zaoui v Attorney-General

s 114I
Zaoui v Attorney-General

s 114O
Zaoui v Attorney-General

s 115A
H v Chief Executive of the Department of Labour

s 128
Zaoui v Attorney-General
Attorney-General v Refugee Council of New Zealand Inc (CA)
Refugee Council of New Zealand Inc v Attorney-General (No 2)
Refugee Council of New Zealand Inc v Attorney-General (No 1)
Malkit Singh v Attorney General

s 128A
Attorney-General v Refugee Council of New Zealand Inc (CA)
Refugee Council of New Zealand Inc v Attorney-General (No 2)
Refugee Council of New Zealand Inc v Attorney-General (No 1)

s 128B
Zaoui v Attorney-General

s 128AA
Attorney-General v Refugee Council of New Zealand Inc (CA)

s 128(5)
Attorney-General v Refugee Council of New Zealand Inc (CA)

s 128(7)
Abu v Superintendent of Mt Eden Women's Prison
F v Superintendent of Mt Eden Prison

s 129A
Jiao v Refugee Status Appeals Authority
M v Refugee Status Appeals Authority (No. 3)

s 129D
X (CA746/2009) v R (CA, 2010)

s 129G(5)
S v Chief Executive of the Department of Labour (CA, 2007)
S v Chief Executive of Department of Labour
Jiao v Refugee Status Appeals Authority and Attorney-General (CA)
Jiao v Refugee Status Appeals Authority

s 129L(1)(b)
M v Refugee Status Appeals Authority (No. 4)

s 129N

M v Refugee Status Appeals Authority (Nol 4)
M v Refugee Status Appeals Authority (No. 3)

s 129O
M v Refugee Status Appeals Authority (No. 3)

s 129P
So M v Refugee Status Appeals Authority
A M v Refugee Status Appeals Authority
M v Refugee Status Appeals Authority (No. 3)

s 129P(1)
S v Chief Executive of the Department of Labour (CA, 2007)
S v Chief Executive of Department of Labour
Jiao v Refugee Status Appeals Authority and Attorney-General (CA)
T v Refugee Status Appeals Authority
Don v Refugee Status Appeals Authority

s 129P(2)
Jiao v Refugee Status Appeals Authority
Don v Refugee Status Appeals Authority

s 129Q
T v Refugee Status Appeals Authority (No. 2)

s 129T
MA v Attorney-General (No. 3) (NZSC, 2010)
MA v Attorney-General (No. 2) (CA, 2009)
Attorney-General v X (NZSC, 2008)
MA v Attorney-General
Attorney-General v X and Z (CA, 2007)
Z v Attorney-General
Ghuman v Registrar of the Auckland District Court

s 129V
Ghuman v Registrar of the Auckland District Court
Sakran v Minister of Immigration

s 129X
Rajabian v Chief Executive of the Department of Work and Income New Zealand
Attorney-General v Refugee Council of New Zealand Inc (CA)
Refugee Council of New Zealand Inc v Attorney-General (No 2)
Refugee Council of New Zealand Inc v Attorney-General (No 1)

s 138A
Mohebbi v Minister of Immigration

s 140
Malkit Singh v Attorney General

s 140(5)
Zaoui v Attorney-General

s 142
Elliott v R (CA, 2010)
Osman v R (CA, 2010)

s 142(1)(c)
R v Sabuncuoglu (CA, 2008)
Sakran v Minister of Immigration

s 146A
M R v Refugee Status Appeals Authority
M v Refugee Status Appeals Authority (No. 4)

s 147A
Achhido, Fiagadzi and Adiza v The Governor of Mt Eden Prison; Department of Labour/NZIS

s 150
Zaoui v Attorney-General

Schedule 3C, clause (8)
M v Refugee Status Appeals Authority (No. 4)

Judicature Amendment Act 1972

s 8
Ali v Minister of Immigration

s 8(1)
Ali v Minister of Immigration
Amarjit Singh v Refugee Status Branch
Avtar Singh v Refugee Status Branch
Pargat Singh v Refugee Status Branch
Teerath Singh v Refugee Status Appeals Authority

Legal Services Act 2000

ss 3, 9(1) and 9(4)
Legal Services Agency v Hosseini

s 9(3)
Aivazov v Refugee Status Appeals Authority

s 12(c)

Aivazov v Refugee Status Appeals Authority

s 40(5)
E & W v Refugee Status Appeals Authority

s 65(2)
Aivazov v Refugee Status Appeals Authority

New Zealand Bill of Rights Act 1990

ss 6, 8 & 9
Zaoui v Attorney-General (No. 2)

ss 6 & 9
Isak v Refugee Status Appeals Authority

s 9
Aziz v Chief Executive of the Ministry of Social Development

s 22
Mohebbi v Department of Labour
Aivazov v Refugee Status Appeals Authority

s 23(1)(b)
Malkit Singh v Attorney General

s 27
Aivazov v Refugee Status Appeals Authority
M v Refugee Status Appeals Authority (No. 3)

Passports Act 1992
Appiah v New Zealand Police

s 31
Khezri v The Police

s 31(1)(f)(i)
Markevich v R

s 31(1)(ii)
R v Zanzoul (No. 2) (CA, 2006)
R v Zanzoul

Sentencing Act 2002

s 7
Osman v R
(CA, 2010)

Social Security Act 1964

s 74A(1)(a)
Aziz v Chief Executive of the Ministry of Social Development
Rajabian v Chief Executive of the Department of Work and Income New Zealand

s 74A(1)(c)
Aziz v Chief Executive of the Ministry of Social Development
Rajabian v Chief Executive of the Department of Work and Income New Zealand
Hamidi v Chief Executive of the Ministry of Social Development and Attorney-General

s 81
Hamidi v Chief Executive of the Ministry of Social Development and Attorney-General

Transnational Organised Crime Bill 2002
Markevich v R

High Court Rules
Ly v Minister of Immigration
Teng v Minister of Immigration

TABLE OF REGULATIONS REFERRED TO

Immigration (Refugee Processing) Regulations 1999

Reg 20(1)
A v Refugee Status Appeals Authority

 
TABLE OF INTERNATIONAL INSTRUMENTS REFERRED TO

Convention against Torture
Zaoui v Attorney-General (No. 2)

Excom Conclusion No. 44
Attorney-General v Refugee Council of New Zealand Inc (CA)

Excom Conclusion No. 91
Attorney-General v X and Z (CA, 2007)

International Covenant on Civil and Political Rights 1966

Articles 6 & 7
Zaoui v Attorney-General (No. 2)

Refugee Convention 1951

Article 1F(a)
Attorney-General (Minister of Immigration) v Tamil X (NZSC, 2010)
Attorney-General v X (NZSC, 2008)
X & Y  v  Refugee Status Appeals Authority
Attorney-General v X and Z (CA, 2007)
Z v Attorney-General
Gabriel Sequeiros Garate v Refugee Status Appeals Authority

Article 1F(b)
Attorney-General (Minister of Immigration) v Tamil X (NZSC, 2010)
X & Y  v  Refugee Status Appeals Authority

Article 16
Aivazov v Refugee Status Appeals Authority

Article 23
Aziz v Chief Executive of the Ministry of Social Development
Rajabian v Chief Executive of the Department of Work and Income New Zealand

Article 24
Aziz v Chief Executive of the Ministry of Social Development
Rajabian v Chief Executive of the Department of Work and Income New Zealand
Hamidi v Chief Executive of the Ministry of Social Development and Attorney-General

Article 25
Aivazov v Refugee Status Appeals Authority

Article 31
Aziz v Chief Executive of the Ministry of Social Development
Zanzoul v R (NZSC, 2008)
Hassan v Department of Labour
R v Zanzoul (No. 2) (CA, 2006)
R v Zanzoul
Ghuman v Registrar of the Auckland District Court
Aivazov v Refugee Status Appeals Authority
Zaoui v Attorney-General
Rajabian v Chief Executive of the Department of Work and Income New Zealand
Markevich v R
Sakran v Minister of Immigration

Attorney-General v Refugee Council of New Zealand Inc (CA)

A v New Zealand Police

Refugee Council of New Zealand Inc v Attorney-General (No 2)

Appiah v New Zealand Police

Article 33
Isak v Refugee Status Appeals Authority
Zaoui v Attorney-General (No. 2)

Rome Statute of the International Criminal Court

Article 25
Attorney-General (Minister of Immigration) v Tamil X (NZSC, 2010)

Article 30
Attorney-General (Minister of Immigration) v Tamil X (NZSC, 2010)

UN Convention against Transnational Organized Crime
R v Victor Chechelnitski
Markevich v R

UNHCR Global Consultations
Zaoui v Attorney-General (No. 2)

UNHCR guidelines on applicable criteria and standards relating to the detention of asylum-seekers
Attorney-General v Refugee Council of New Zealand Inc (CA)

UNHCR guidelines on application of the exclusion clauses: Article 1F of the 1951 Convention relating to the Status of Refugees
X & Y  v  Refugee Status Appeals Authority
Attorney-General v X and Z (CA, 2007)

UNHCR guidelines on detention of asylum seekers
Abu v Superintendent of Mt Eden Women's Prison

UNHCR Handbook
R v Refugee Status Appeals Authority
So M v Refugee Status Appeals Authority
Zaoui v Attorney-General (No. 2)
Jiao v Refugee Status Appeals Authority and Attorney-General (CA)
M v Refugee Status Appeals Authority (No. 3)

UN Protocol against the Smuggling of Migrants by Land, Sea and Air
R v Victor Chechelnitski

UN Security Council Resolution 1373
Markevich v R

Universal Declaration of Human Rights

Article 14
Isak v Refugee Status Appeals Authority