D v Minister of Immigration - [1991] 2 NZLR 673

Immigration — Temporary entry permit — Muslims arrived in New Zealand during Gulf War without passports — Temporary permit refused and appellants taken into custody — Application made for refugee status — Provisional classification as refugees by immigration officials but police refused to grant security clearance with result that appellants to be removed from New Zealand — Whether treatment unfair or unreasonable — Whether Minister entitled to rely on police advice — Whether Minister's discretion to refuse a permit impliedly fettered by Part III - Propriety of investigating question of refugee status while person detained — Observations as to lack of legislative provision for the temporary detention of applicants for refugee status while their status is investigated and as to the fact that under present law because of the security risk in New Zealand refugees may be sent back to persecution — Immigration Act 1987, s 128.