WK v The Refugee Protection Officer, Mbie, Auckland

[2018] NZHC 651

NOTE: THE CONFIDENTIALITY OF THE NAME OR IDENTIFYING PARTICULARS OF THE APPELLANT AND OF HIS OR HER CLAIM OR STATUS MUST BE MAINTAINED PURSUANT TO S 151 OF THE

IMIMGRATION ACT 2009.

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2017-404-1012

[2018] NZHC 651

UNDER

the Immigration Act 2009, ss 129-131, s 140

IN THE MATTER

of an appeal of a decision of the Refugee Status branch to decline an application for refugee status

BETWEEN

WK

Applicant

AND

THE REFUGEE PROTECTION OFFICER, MBIE, AUCKLAND

Respondent

Hearing:

11 April 2018

Appearances:

R Pidgeon for the Applicant

S Jerebine and T Burgess for the Respondent

Judgment:

11 April 2018

ORAL JUDGMENT OF WOODHOUSE J

Solicitors / Counsel:

Mr R Pidgeon, Barrister, Auckland

Mr P Pang, Integritas Law Firm, Auckland

Ms S Jerebine and Ms T Burgess, Crown Law, Wellington

WK v THE REFUGEE PROTECTION OFFICER, MBIE, AUCKLAND [2018] NZHC 651 [11 April 2018]

[1]                 This is a results judgment on the application by WK. Having received comprehensive written submissions from the parties, supplemented by oral submissions from counsel, I have concluded that interim relief should be granted to the applicant to remain in place, in broad terms, until the conclusion of the applicant’s appeal to the Court of Appeal.

[2]                 Having indicated to counsel that that was my conclusion, there has just been discussion with Ms Jerebine, for the respondent (and in substance for the Crown), and Mr Pidgeon, for the applicant. In anticipation that I may have concluded that interim relief was appropriate, the Crown had drafted the terms of an effective undertaking the Crown was prepared to give, although it is in the circumstances more appropriately described as the terms of the Crown’s agreement.

[3]                 Following that discussion the following terms of the Crown’s agreement have been formulated and this constitutes the effective result. Those terms are as follows:

The Crown will not take any action to deport the applicant until the earliest of the following events:

(a)5:00 pm on the first working day following delivery of the judgment of the Court of Appeal in appeal CA150/2018; or

(b)on discontinuance or dismissal of the appeal for any reason; or

(c)on release of the Crown from its agreement by the Court of Appeal on application by the Crown in the event of an adjournment, for any reason, of the current appeal fixture in the Court of Appeal on 17 May 2018.

For the avoidance of doubt, the Crown’s agreement will not in any event extend beyond the conclusion of the appeal in the Court of Appeal, and whether or not there is an application for leave to appeal to the Supreme Court.

[4]                 I will provide the reasons for my conclusion that interim relief is appropriate in this case as soon as reasonably possible.

[5]Any question of costs in this Court on this application is reserved.

Woodhouse J