Misiuk v Chief Executive of the Department of Labour

[2012] NZCA 215

IN THE COURT OF APPEAL OF NEW ZEALAND

CA301/2012
[2012] NZCA 215

BETWEEN  PAWEL MARIAN MISIUK
Appellant

AND  CHIEF EXECUTIVE OF THE DEPARTMENT OF LABOUR
Respondent

Hearing:         25 May 2012

Court:             Randerson, Harrison and Wild JJ

Judgment:      25 May 2012 at 12.20 pm

JUDGMENT OF THE COURT

The appeal is dismissed.

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BRIEF OUTLINE

1. By cellphone from Auckland Airport at approximately 11.45 am today, Mr Misiuk lodged an appeal against the oral judgment of Venning J delivered in the High Court this morning dismissing his application for a writ of habeas corpus.

2. Mr Misiuk advised this Court’s Registry that his grounds of appeal are:

   (a)        Breach of natural justice.

   (b)       He was denied access to a lawyer for this morning’s hearing in the High Court.

   (c)        His children were denied the ability to speak to the High Court.

3. Having considered those grounds of appeal, and the judgment of Venning J, we dismiss Mr Misiuk’s appeal.  Our reasons will follow.

4. We record that the Court has convened urgently, because we were advised that the aircraft on which Mr Misiuk is being deported from New Zealand is scheduled to leave at or about 12.40 pm today.