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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
November 2008]

IN THE SUPREME COURT OF NEW ZEALAND


SC 53/2008
[2008] NZSC 92

BETWEEN WILLIE YE, CANDY YE AND TIM YE
Appellants

AND MINISTER OF IMMIGRATION
First Respondent

AND YUEYING DING
Second Respondent


SC 56/2008

BETWEEN ALAN QIU AND STANLEY QIU
Appellants

AND MINISTER OF IMMIGRATION
First Respondent

AND HE QIN QIN
Second Respondent

AND XIAO 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

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

Solicitors:
Crown Law Office, Wellington


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


Full judgment (PDF)

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