Samuela Helu v Immigration and Protection Tribunal

[2013] NZSC 91

IN THE SUPREME COURT OF NEW ZEALAND

SC 72/2013
[2013] NZSC 91

BETWEEN

SAMUELA FALETALAVAI HELU
Applicant

AND

IMMIGRATION AND PROTECTION TRIBUNAL
First Respondent

MINISTER OF IMMIGRATION
Second Respondent

Court:	McGrath, William Young and Glazebrook JJ
Counsel:	A Schaaf for Applicant M Andrews and J Foster for Second Respondent
Judgment:	3 October 2013

JUDGMENT OF THE COURT

A.    The application for leave to appeal is granted.

B.The approved questions are:

(a)      Did the Immigration and Protection Tribunal, in assessing whether it would not be contrary to the public interest to allow Mr Helu to remain in New Zealand:

(i)   fail to take into account all relevant considerations; or

(ii)    apply the incorrect test.

(b)     Even if either or both of those questions are answered in the affirmative would the Tribunal nevertheless necessarily have come to the same decision, given its findings of fact?

____________________________________________________________________

Solicitors:
Ferguson Tuilotolava for Applicant
Crown Law for Second Respondent