Alavine Feliuia Liu v Chief Executive of the Ministry of Business, Innovation and Employment - SC 31/2014

Summary

Civil Appeal – United Nations Convention on the Rights of the Child arts 9, 9.1 and 3 – Whether the Court of Appeal erred in holding that art 9, and in particular art 9.1, were not relevant to deportation cases – Whether the respondent erred in not having specific regard to art 9 notwithstanding  its consideration of other specific articles in the convention – Whether the Court of Appeal erred in finding that with the exception of Ewebiyi v Parr no other authorities referred to it held that art 9.1 applied to deportation cases – Whether the Court of Appeal erred in its assessment of the relevant case law and its assessment as to the reconciliation of arts 3 and 9.1.CA 4/2014[2014] NZCA 37  CA 754/2012

Result

A The application for leave to appeal is dismissed.
B  The applicant is to pay the respondent costs of $2,500.
20 June 2014

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Additional Information

CHIEF EXECUTIVE OF THE MINISTRY OF BUSINESS, INNOVATION & EMPLOYMENT v LIU CA754/2012 [2014] NZCA 37  26 February 2014