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Case Law

Case Law includes national and international jurisprudential decisions. Administrative bodies and tribunals are included.
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The Attorney-General (Minister of Immigration) v. Tamil X and Anor

27 August 2010 | Judicial Body: New Zealand: Supreme Court | Topic(s): Armed groups / Militias / Paramilitary forces / Resistance movements - Crimes against humanity - Exclusion clauses - Serious non-political crime - Standard of proof - Tamil | Countries: New Zealand - Sri Lanka

Refugee Appeal No. 76446

10 February 2010 | Judicial Body: New Zealand: Refugee Status Appeals Authority | Topic(s): Crimes against humanity - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Racial / Ethnic persecution | Countries: New Zealand - Sudan

X v. Refugee Status Appeals Authority; Attorney-General (Minister of Immigration) v. Y

X appeals against the High Court’s refusal to grant judicial review (X & Y v. Refugee Status Appeals Authority, CIV-2006-404-4213) of the RSAA's decision in relation to him (Refugee Appeal Nos. 74796 & 74797, 74796 & 74797). The Attorney-General cross-appeals against the High Court's grant of judicial review to Y and its remittal of her case back to the RSAA for a reconsideration of her refugee status.

20 October 2009 | Judicial Body: New Zealand: Court of Appeal | Topic(s): Country of origin information (COI) - Crimes against humanity - Exclusion clauses - Persecution based on political opinion - Serious non-political crime - Tamil | Countries: New Zealand - Sri Lanka

Attorney-General v. X

20 June 2008 | Judicial Body: New Zealand: Supreme Court | Topic(s): Confidentiality - Crimes against humanity - Evidence (including age and language assessments / medico-legal reports) - Exclusion clauses - Extradition - Genocide - Prosecution vs persecution | Countries: New Zealand - Rwanda

Z v. Attorney General of New Zealand

Application for interim order that a determination not be made as to cancellation of the refugee status, pending judicial review.

30 March 2008 | Judicial Body: New Zealand: High Court | Topic(s): Crimes against humanity - Criminal justice - Exclusion clauses - Genocide - Rule of law / Due process / Procedural fairness | Countries: New Zealand - Rwanda

X & Y v. Refugee Status Appeals Authority

Application for judicial review of a decision of the RSAA: Refugee Appeal Nos. 74796 & 74797, 74796 & 74797 (19 April 2006). The judgment was subsequently appealed before the Court of Appeal: X v Refugee Status Appeals Authority [2009] NZCA 488 (20 October 2009).

17 December 2007 | Judicial Body: New Zealand: High Court | Topic(s): Burden of proof - Credibility assessment - Crimes against humanity - Criminal justice - Exclusion clauses - Rule of law / Due process / Procedural fairness - Serious non-political crime - Standard of proof | Countries: New Zealand - Sri Lanka

Attorney-General v. X and Z

5 September 2007 | Judicial Body: New Zealand: Court of Appeal | Topic(s): Crimes against humanity - Evidence (including age and language assessments / medico-legal reports) - Exclusion clauses - Extradition - Prosecution vs persecution - War crimes | Countries: New Zealand - Rwanda

Refugee Appeal Nos. 74796 & 74797

The decision was subsequently judicially reviewed by the High Court: X & Y v. Refugee Status Appeals Authority, CIV-2006-404-4213 (17 December 2007); and the High Court’s decision was appealed before the Court of Appeal: X v Refugee Status Appeals Authority [2009] NZCA 488 (20 October 2009).

19 April 2006 | Judicial Body: New Zealand: Refugee Status Appeals Authority | Topic(s): Crimes against humanity - Exclusion clauses - Persecution based on political opinion - Tamil | Countries: New Zealand

Refugee Appeal No. 74540

1 August 2003 | Judicial Body: New Zealand: Refugee Status Appeals Authority | Topic(s): Country of origin information (COI) - Crimes against humanity - Death penalty - Exclusion clauses - Persecution based on political opinion - Political groups - Political parties - Prosecution vs persecution - Serious non-political crime - Terrorism | Countries: Algeria - New Zealand

Garate (Gabriel Sequeiros) v. Refugee Status Appeals Authority

9 October 1997 | Judicial Body: New Zealand: High Court | Topic(s): Crimes against humanity - Derivative status - Exclusion clauses | Countries: New Zealand - Peru

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