Chiu v Minister of Immigration - [1994] 2 NZLR 541

Immigration — Residence permit — Applicant not disclosing minor criminal offence of dishonesty in Hong Kong — Application declined by Immigration Service on ground of non-disclosure of conviction — Matter referred to Minister — Minister refusing to intervene — Change of Minister — New Minister refusing to intervene on ground that only one "appeal" could be considered — Whether original decision invalid because of lack of consideration of mental element in non-disclosure — Whether original decision invalid because of misunderstanding of Act or Departmental manual — Immigration Act 1987, ss 35 and 142(a).

Administrative law — Judicial review — Unreasonableness — Effect of misinterpreting statute — Effect of misinterpreting voluntarily adopted rules relating to immigration — Whether Minister's comments amounted to reconsideration of application for residence permit — Whether misinterpretation rendered decision invalid — Grounds on which misinterpretation would render decision invalid — Whether Court's discretion should be exercised so as to withhold remedy for invalidity.