Appeal to the High Court

This article is about Immigration Policy but it is not a description of policy. In our opinion simplified descriptions of policy are dangerous. If you want to know why we think that, read “Why things go wrong”.

Appeal to the High Court on the basis of a breach of Human Rights or Race Relations law, or a breach of the Principles of Natural Justice. With the single exception of immigration decisions made in regard temporary visas, any government decision is subject to review by the Courts on the basis it has breached fundamental rights. Immigration New Zealand works very hard to ensure that such breaches do not occur in regard residence applications; but they nevertheless sometimes do. Appealing such cases is an important responsibility because it is through the development of such case law that our rights and the justice of our society is constantly fine tuned and reviewed. If Immigration New Zealand can recognise the error they have made, they will often attempt to negotiate a solution; but if they feel they have done no wrong, they will defend the case with all the firepower government lawyers can muster.

Pursuing a case in the High Court is very expensive.

Pursuing a case in the High Court can take a long time.

Such action should not be taken lightly or frivolously; but in those cases where it is necessary the resultant success can be particularly satisfying for all concerned. (And in some cases with which Malcolm Pacific personnel have been involved, have changed the course of government administration, forever.)

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Read about: Appeals, general discussion . Ministerial Intervention.	Overstayer / illegal immigrant. Residence Review Board. Removal Review Authority.


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