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.
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
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
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
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
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 answersD 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
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
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
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
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)
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)
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
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)
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
Whether a duty to give
benefit of doubt - Application
in exclusion cases
X
& Y
v
Refugee Status
Appeals Authority
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
Genocide -
Confidentiality of
evidence given by refugee - Immigration Act 1987,
s 129T
Z v Attorney-General
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)
Whether deportation
possible where a
danger of arbitrary deprivation of life or being subjected to torture
Zaoui v
Attorney-General (No. 2)
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)
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
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
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 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
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 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 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
Whether appropriate
approach taken
R v Refugee Status Appeals Authority
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
Whether RSAA obliged to
accept
evidence of expert
Razak
v Refugee Status Appeals Authority
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
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
Whether legal burden of
proof on Executive
X
& Y
v
Refugee Status
Appeals Authority
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 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
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
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
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
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)
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 -
Immigration
Act s 128(5)
Attorney-General
v Refugee Council of New Zealand Inc (CA)
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
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
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)
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
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)
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
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
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)
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
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 - Effect of
Daya
Ram Dayal v Refugee Status Appeals Authority
Delay - Effect of
B
v Refugee Status Appeals Authority
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
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
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
to RSAA and RRA for reconsideration
B
v Refugee Status Appeals Authority
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)
Whether Refugee Status
Appeals
Authority (RSAA) able to hear evidence in the absence of appellant
ASA
v Refugee Status Appeals Authority
Whether RSAA obliged to
accept
evidence of expert
Razak
v Refugee Status Appeals Authority
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
Whether error of law to
fail
to consider matter not raised
Jiao
v Refugee Status Appeals Authority and Attorney-General (CA)
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
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
Finding of -
Imperfections
in credibility finding to be read in context of other credibility
findings
Sadeghi
v Refugee Status Appeal Authority
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
Inconsistent findings
So M v Refugee
Status Appeals Authority
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
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
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
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)
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
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)
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
Proper approach to
review
of reasons
B
v Refugee Status Appeals Authority
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
Scope of the record -
Inadmissible evidence - Whether to be
struck from
the record
JJAJ v Refugee Status Appeals Authority
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)
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
Interim order -
Disposal
of case on undertakings by Crown
Amarverinder
Singh v Refugee Status Appeals Authority
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
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
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
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
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
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)
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
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)
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
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
Detention on passport
charges
under the Crimes Act 1961, s 229A - Detention for period in excess of
likely
penalty
A
v New Zealand Police
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
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
Whether decision on
refugee status and the reasons for that decision
admissible against defendant
X (CA746/2009) v R (CA, 2010)
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
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)
Whether common
X (CA746/2009) v R (CA, 2010)
Whether common
MN v
Refugee Status Appeals Authority
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
Adjournment application
Whether delay in receiving legal aid ground for adjournment of RSAA
hearing
Aivazov
v Refugee Status Appeals Authority
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
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)
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
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)
Whether RSAA entitled
to
take into account country information
Gabriel
Sequeiros Garate v Refugee Status Appeals Authority
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
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
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
Whether RSAA obliged to
accept
evidence of expert
Razak
v Refugee Status Appeals Authority
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
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
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
Whether RSAA has
obligation
to arrange legal representation
Achhido,
Fiagadzi and Adiza v The Governor of Mt Eden Prison; Department of
Labour/NZIS
Whether RSAA failed to
take
account refugee claimant mentally and emotionally disturbed
C
v Refugee Status Appeals Authority
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
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)
Whether error of law to
determine procedural issues
at substantive hearing rather than in advance
M v Refugee Status Appeals Authority (No.
4)
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)
Whether
failure
to supply a transcript a breach of fairness
T
v Refugee Status Appeals Authority (No. 2)
REFUGEE STATUS APPEALS AUTHORITY
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
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
Materiality - Whether
serious
errors of fact a breach of the rules of fairness
Sakran
v Minister of Immigration
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
Whether decisions
reviewable
Singh
(Santokh) v Refugee Status Appeals Authority
Butler
v Attorney-General (CA)
Whether complaint
established on the facts
HP v
Refugee Status Appeals Authority
Whether in the period 1991 to 1999 lawfully constituted
Singh
(Santokh) v Refugee Status Appeals Authority
REFUGEE
STATUS BRANCH
Genocide - Cancellation proceedings -
Confidentiality of evidence given by refugee - Immigration Act 1987, s 129T
Z
v Attorney-General
Genocide - Cancellation proceedings -
Confidentiality of evidence given by refugee - Immigration Act 1987, s 129T
Z
v Attorney-General
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)
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 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
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(b) - Crimes Act 1961, s 111
Hassan
v Department
of Labour
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)
Sentence - Factors to
be taken into account - Whether appropriate to impose severe deterrent
sentences
R
v Victor Chechelnitski
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
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
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)
Sentence - Factors to
be taken into
account - Whether appropriate to impose severe deterrent sentences
R v Victor Chechelnitski
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)
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)
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
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)
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
Whether objective
assessment overrides fear of
applicant
K v
Refugee Status Appeals Authority
(No. 2)
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 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 147A
Achhido,
Fiagadzi and Adiza v The Governor of Mt Eden Prison; Department of
Labour/NZIS
s 150
Zaoui v
Attorney-General
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
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)(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
Immigration (Refugee Processing) Regulations 1999
Reg 20(1)
A
v Refugee Status Appeals Authority
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)
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 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