Leave to Appeal: Ye, Qiu v Minister of Immigration
WILLIE YE, CANDY YE AND TIM YE v MINISTER OF IMMIGRATION And
Anor SC 53/2008 [4
IN THE SUPREME COURT OF NEW ZEALAND
 NZSC 92
WILLIE YE, CANDY YE AND TIM YE
QIU AND STANLEY QIU
AND MINISTER OF
AND HE QIN QIN
AND XIAO YUN QIU
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
A Leave 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
Crown Law Office, Wellington
1 This question does enable the First Respondent to raise its argument related to Ms Ding’s immigration history.