High Court Wellington
CIV 2003-404-5872
1, 2, 3, 19 December 2003
Williams J
CIV 2003-404-5872
1, 2, 3, 19 December 2003
Williams J
Judicial review — Privative clause — Inspector-General of Intelligence and Security undertaking review of security certificate as to refugee — Whether privative clause in Inspector-General of Intelligence and Security Act 1996 ousted jurisdiction of Court as to judicial review — Immigration Act 1987, s 114I.
Judicial review — Jurisdiction — Inspector-General of Intelligence and Security making preliminary decision in review of security certificate as to refugee — Whether judicial review premature — Inspector-General of Intelligence and Security Act 1996 — Judicature Amendment Act 1972, s 4.
Constitutional law — New Zealand Bill of Rights Act 1990 — Whether jurisdiction to grant declaration that Immigration Act 1987 inconsistent with New Zealand Bill of Rights Act 1990 — New Zealand Bill of Rights Act 1990, s 27(1).
Immigration — Refugee status — Director of Security issuing certificate that refugee threat to national security — Inspector-General of Intelligence and Security undertaking review of certificate — Preliminary decision that refugee not entitled to classified security information — Whether breach of natural justice — Whether refugee entitled to summary of allegations underlying certificate — New Zealand Bill of Rights Act 1990, s 27(1).
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