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Yan v Minister of Internal Affairs - [1997] 3 NZLR 450

$30.00

High Court Wellington
7, 8 July; 15 August 1997
Hammond J
Citizenship and nationality — Citizenship — Deprivation of citizenship — Citizen deprived of citizenship on grounds that grant procured by fraud — Essence of fraud alleged to be intention to live and work overseas — Meaning of “to be ordinarily resident in New Zealand” in Citizenship Act 1977 — Whether expectation or requirement that applicant for citizenship live only in New Zealand — Nature of acts required to exercise discretion to deprive citizen of citizenship — Whether burden of proof on Minister to sustain deprivation order or on applicant for citizenship — Whether mistake referred to in s 17(2) of Citizenship Act need necessarily be on the part of the applicant — Citizenship Act 1977, ss 2(1), 8, 8A, 9, 10, 16, 17, 19 and 28 — Citizenship Regulations 1978 (SR 1978/181), reg 4.

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