M v Minister of Immigration

Case

[2012] NZCA 489

25 October 2012


Details
AGLC Case Decision Date
M v Minister of Immigration [2012] NZCA 489 [2012] NZCA 489 25 October 2012

CaseChat Overview and Summary

The Court of Appeal dismissed the appeal of M, a Romanian national who had sought judicial review of decisions by the Immigration Service not to permit his wife and child to enter New Zealand while he sought to establish refugee status. The Court concluded that M had no right to family life in New Zealand such as to entitle him to have his wife and child visit him. The Court also held that the decisions by the Immigration Service did not constitute a breach of s 9 of the Bill of Rights Act or s 19 of the Bill of Rights Act. Finally, the Court found that the High Court had been correct to strike out M’s proceeding on the basis that none of his claims were tenable, it was out of time and was an abuse of process.
Details

Areas of Law

  • Immigration & Refugee Law

Legal Concepts

  • Judicial Review

  • Legitimate Expectation

  • Discrimination

  • Abuse of Process

  • Limitation Periods

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Cases Citing This Decision

10

Cases Cited

5

Statutory Material Cited

0

Brooker v Police [2007] NZSC 30
Taunoa v Attorney-General [2007] NZSC 70