Tobias v May

• Jurisdiction: New Zealand
• Judgment Date: 18 November 1975
• Date: 18 November 1975
• Court: Supreme Court

New Zealand, Supreme Court, Wellington.

(Quilliam J.)

Tobias

and

May and Another

The individual in international law Aliens Expulsion of Procedure of expulsion Revocation of temporary permit prior to expiry Whether alien has right to be heard Whether revocation of permit analogous to deportation The law of New Zealand

The individual In international law Aliens Expulsion of Right of expulsion Alien permitted to enter country for limited period Revocation of permit prior to expiry Whether person acting on behalf of minister responsible could exercise that power Audi alteram partem principle Whether issue of permit distinct and separate act from revocation Whether revocation of permit analogous to deportation Immigration Act 1964 The law of New Zealand

Summary: The facts:The plaintiff, an alien, was granted a permit to remain in New Zealand for one month. Prior to the expiry of the permit, which had been extended for another five months, the first defendant, a member of the Executive Council acting on behalf of the Minister of Immigration, signed and issued a notice of revocation of the permit. He gave no reasons and gave the plaintiff no opportunity to be heard on the matter. The plaintiff applied to the Court for a review of the Minister's decision.

Held:The application was dismissed. The issue of the permit by the Minister under the Immigration Act 1964 was a complete act in itself. The decision to revoke that permit was a separate and distinct exercise of a power given by the Act. It was open to another member of the Executive Council to make that decision on behalf of the Minister concerned. The revocation of a permit was analogous to deportation. The decision of the Minister to revoke a temporary permit was final and he was not bound by the audi alteram partem principle.

The following is the text of the judgment of the Court:

QUILLIAM J (orally). On 7 July 1975 the applicant arrived in New Zealand by air. He applied at Auckland airport for a permit to enter the country. He is a member of what is known as the Ananda Marga organisation and the reason for his visit to this country was as a teacher of meditation and philosophy within that organisation. He was dressed in the distinctive style of the movement. He was given, apparently without inquiry, a permit to remain in New Zealand for one month. On 6 August the applicant went to the Department of Labour in Christchurch in order to seek an extension of his permit. He was accompanied by a solicitor who...