Ye and Qui v Minister of Immigration

[2008] NZSC 92

IN THE SUPREME COURT OF NEW ZEALAND

SC 53/2008

[2008] NZSC 92

BETWEENWILLIE YE, CANDY YE AND TIM YE

Appellants

ANDMINISTER OF IMMIGRATION

First Respondent

ANDYUEYING DING

Second Respondent

SC 56/2008

BETWEENALAN QIU AND STANLEY QIU

Appellants

ANDMINISTER OF IMMIGRATION

First Respondent

ANDHE QIN QIN

Second Respondent

ANDXIAO YUN QIU

Third Respondent

Court:Blanchard, Tipping and McGrath JJ

Counsel:R E Harrison QC for Appellants in SC 53/2008

A G Mahon for Appellants in SC 56/2008
I C Carter and M R L Silverwood for First Respondent

Judgment:4 November 2008 

JUDGMENT OF THE COURT

ALeave to appeal is granted to both appellants and to the first respondent.

B        The approved grounds of appeal are:

(i)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?

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

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

(iv)In light of the Court’s answers to the foregoing questions, what relief (if any) are the appellants entitled to?[1]

[1]This question does enable the First Respondent to raise its argument related to Ms Ding’s immigration history.

Solicitors:
Crown Law Office, Wellington