HUANG v THE MANAGER OF CUSTODIAL SERVICES, AUCKLAND CENTRAL REMAND PRISON SC 39/2008 [10 July 2008]

IN THE SUPREME COURT OF NEW ZEALAND
SC 39/2008
[2008] NZSC 49

BETWEEN QIWEN HUANG
Applicant

AND THE MANAGER OF CUSTODIAL
SERVICES, AUCKLAND CENTRAL
REMAND PRISON
Respondent

Court: Elias CJ, Blanchard and Wilson JJ
Counsel: F C Deliu for Applicant
C Inglis and V Casey for Respondent
Judgment: 10 July 2008

JUDGMENT OF THE COURT

The application for leave to appeal is dismissed.

REASONS

[1] The applicant has made an urgent application for leave to appeal against a judgment of the Court of Appeal,{1} delivered yesterday, dismissing his appeal against the refusal of the High Court to issue a writ of habeas corpus. {2}

[2] That appeal arose out of an allegation of bias against a District Court Judge who granted an application under s 60 of the Immigration Act 1960 for a warrant of commitment of the applicant.

[3] Any issue which might possibly have arisen for consideration by this Court was overtaken when an application for an extension of that warrant was heard by a different District Court Judge yesterday. Section 60(4) imports into an application for extension the provisions of s 60(2) and (3), which govern an application for a warrant. The application for extension was therefore effectively a rehearing of the original application.

[4] If the applicant wishes to pursue a claim for interim or final relief, he should do so in his judicial review proceedings in the High Court.{3}

[5] The application for leave to appeal to this Court is dismissed.

Solicitors:
Equity Law, Auckland for Applicant
Crown Law, Wellington for Respondent

--

{1} [2008] NZCA 225.

{2} Huang v The Manager of Custodial Services, Auckland Central Remand Prison (High Court, Auckland, CIV 2008-404-004140, 7 July 2008, Venning J).

{3} CIV 2008-404-4139

See... Judgment (PDF)

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