Huang v Minister of Immigration

[2008] NZSC 103

IN THE SUPREME COURT OF NEW ZEALAND

SC 74/2008
[2008] NZSC 103

BETWEENXIAO QIONG HUANG

First Appellant

ANDYONG MING CUI

Second Appellant

ANDJARVIS CUI

Third Appellant

ANDTHE MINISTER OF IMMIGRATION

First Respondent

ANDTHE ATTORNEY-GENERAL

Second Respondent

Court:Tipping, McGrath and Wilson JJ

Counsel:E Orlov for Appellants

I C Carter and C M Curran-Tietjens for Respondents

Judgment:4 December 2008 

JUDGMENT OF THE COURT

ALeave to appeal is granted.

BThe approved grounds of appeal are:

(a)       What mandatory considerations and/or standard (if any) apply to a decision under the Immigration Act 1987 to order and/or to implement the removal from New Zealand of the overstayer parent(s) of a New Zealand-resident child, in particular a child who is a New Zealand citizen?

(b)       What processes of hearing and inquiry (if any) apply to such a decision?

(c)       What approach should the Courts adopt to judicial review of such a decision?

(d)       In light of the Court’s answers to the foregoing questions, what relief (if any) are the appellants entitled to?

Solicitors:
Dennis Jay Gates, Whangaparaoa for Appellants
Crown Law Office, Wellington for Respondents