Court and Tribunal Cases...

Refugee Appeal AF (Afghanistan) [2011] NZIPT 800057-66

We successfully ended a campaign by Immigration New Zealand over more than 10 years to cancel the refugee status of an Afghani family. This appears to be the first Refugee Cancellation matter decided by the Immigration and Protection Tribunal established in November 2010.

Si Jong Park & Ors v Chief Executive, Department of Labour 
Immigration wrongly applied the law and Policy when it declined a family's request for reconsideration of their permit applications.  It was ordered to re-do the case, and the permits were later granted.

Legal Services Agency v Hosseini
Successful appeal against declined Legal Aid for judicial review of two refugee appeals.  The Judge was so frustrated by the actions of the LSA that he awarded full costs against them, and not the (lower) Court scale of costs.

Haji v Minister of Immigration
Last minute application to stop the removal of a Somali ex-refugee overstayer.  The Judge said that "the possibility of the dire consequences to the applicant are such" that the Minister had to consider a UN High Commission for Refugees report about the dangerous security situation in Somalia before deciding whether to remove Mr Haji.

Residence Appeal 16366
Our client's Residence was declined because her husband who sponsored her did not tell Immigration that they had just married when he got Residence himself as the child of a family group.  The case succeeded because of their special circumstances.  This included the fact that the husband did not have enough English to understand what he needed to tell Immigration, and the couple also had a young child.

Residence Appeal 15992
The UK applicant had rheumatoid arthritis and would put a major burden on the New Zealand health system.  However, there were "inadequate reasons and lack of precision in the opinions given by the Medical Assessors."  Importantly, Immigration also refused to consider information provided to it just before it made its decision, which was an unfair use of procedure..

Removal Appeal 46487
The Removal Review Authority agreed that our Sri Lankan client's personal circumstances were exceptional and gave him Residence.  He had been in New Zealand for nearly seven years waiting for his refugee claim to be decided.  In that time he married and the couple had three children.  It was unreasonable to expect them to return to Sri Lanka with him.

Refugee Appeal 76273
A retired Tamil widow was in danger from the Sri Lankan authorities because her children had past connections with the Tamil Tigers.  She had also drawn attention to herself because she asked the Army to pay rent for use of her home which they had seized.  Her "unique and specific profile" along with her personal vulnerability, led to the grant of refugee status.

Refugee Appeal 76094
Failed attempt to cancel the refugee status of a Syrian national.  Although the Refugee Status Appeals Authority decided that he had concealed information about how he escaped from his home country, it agreed that he was still at risk of State persecution because of the political activities of his family in exile in the UK and his father in Syria.