Patel v Chief Executive of the Department of Labour - [1997] 1 NZLR 102

Immigration — Residence permit — Humanitarian grounds — Applicant for residence permit claiming emotional and physical harm to mother already resident in New Zealand — Immigration policy requiring that grant of New Zealand residence only solution to harm — Whether policy ultra vires Immigration Act or Minister's prerogative power — Immigration Act 1987, ss 13B and 18C.

Administrative law — Judicial review — Prerogative — Government's immigration policy providing for humanitarian ground — Whether policy formulated pursuant to Immigration Act or prerogative — Whether exercise of prerogative amenable to judicial review — Whether policy ultra vires prerogative as being so stringent that policy nullified — Immigration Act 1987, ss 13B and 18C.