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Humanitarian Appeal Against Deportation -Decision Of The New Zealand Immigration And Protection Tribunal

Sayı: 1 30 Haziran 2025
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Humanitarian Appeal Against Deportation -Decision Of The New Zealand Immigration And Protection Tribunal

Öz

This study aims to translate into Turkish the judgement of the New Zealand Immigration and Protection Tribunal [2024] NZIPT 506150. The decision was rendered on a humanitarian appeal by a Chinese national against a deportation order made against him after his legal status was changed to that of an irregular migrant. The Court considered the humanitarian appeal, recognising that the situation constituted exceptional circumstances of a humanitarian nature in light of the violations of the applicant's rights and the ongoing threats to which he was subjected in China. The Court emphasised that, although the risks alleged by the applicant had not been conclusively proven, these allegations should be taken seriously; it also noted that the withdrawal of the previous asylum application did not remove the need for protection. In view of the applicant's social and economic ties in the country, the support of his company and his level of integration, it concluded that his deportation would be ‘unjustified and excessively harsh’. As a result, the Appellant was granted a 6-month work visa as a result of the humanitarian appeal, enabling him to reassess his refugee or protected person status. This interim solution ensures that the applicant's humanitarian situation is protected, while at the same time ensuring that New Zealand complies with its international refugee protection obligations. The decision sets an important precedent, particularly with regard to the interpretation of the concepts of “unjust or unduly harsh” and the exercise of the courts' discretion in humanitarian appeal proceedings.

Anahtar Kelimeler

Kaynakça

  1. MJ, The Ministry of Justice, Immigration and Protection, Erişim 28 Mart 2025, https://www.justice.govt.nz/tribunals/immigration/immigration-and-protection/
  2. McSweeney Immigration Law, NZ Character Waiver Help – How to Overcome Character Issues in Your NZ Visa Application, Erişim 10 Mart 205 https://www.milaw.co.nz/post/nz-character-waiver-help-how-to-overcome-character-issuesin-your-nz-visa-application .
  3. Pal v Minister of Immigration, [2013] NZHC 2070, paragraf 57. https://www.openlaw.nz/case/2013NZAR1240, E.T.18.02.2025.
  4. Joel Reiss, Deportation: Supreme Court revisits Unduly Harsh and Very Compelling Circumstances Tests, Erişim 18 Şubat 2025, https://www.ein.org.uk/blog/deportation-supremecourt-revisits-unduly-harsh-and-very-compelling-circumstances-tests.
  5. UNDP, Working With Deported Individuals In the Paicific Legal and Ethical Issues,s.7.Erişim 5 Nisan 2025, https://www.undp.org/asia-pacific/publications/workingdeported-individuals-pacific-legal-and-ethical-issues.
  6. MJ, The Ministry of Justice, Legislation,Erişim 20 Şubat 2025, https://www.legislation.govt.nz/act/public/2009/0051/latest/DLM1440840.html?search=sw_0 96be8ed81ef5d3a_%22liability+for+deportation%22_25_se&p=1&sr=4.

Ayrıntılar

Birincil Dil

İngilizce

Konular

Hukuk (Diğer)

Bölüm

Çeviri

Yayımlanma Tarihi

30 Haziran 2025

Gönderilme Tarihi

8 Nisan 2025

Kabul Tarihi

30 Haziran 2025

Yayımlandığı Sayı

Yıl 2025 Sayı: 1

Kaynak Göster

APA
Humanitarian Appeal Against Deportation -Decision Of The New Zealand Immigration And Protection Tribunal (R. Akın, çev.). (2025). Gaziantep Üniversitesi Hukuk Fakültesi Dergisi, 1, 167-181. https://izlik.org/JA35BJ38GB
AMA
1.Humanitarian Appeal Against Deportation -Decision Of The New Zealand Immigration And Protection Tribunal. GAÜN-HFD. 2025;(1):167-181. https://izlik.org/JA35BJ38GB
Chicago
Rıdvan Akın. 2025. “Humanitarian Appeal Against Deportation -Decision Of The New Zealand Immigration And Protection Tribunal”. Gaziantep Üniversitesi Hukuk Fakültesi Dergisi, sy 1: 167-81. https://izlik.org/JA35BJ38GB.
EndNote
(01 Haziran 2025) Humanitarian Appeal Against Deportation -Decision Of The New Zealand Immigration And Protection Tribunal. Gaziantep Üniversitesi Hukuk Fakültesi Dergisi 1 167–181.
IEEE
[1]R. Akın, çev., “Humanitarian Appeal Against Deportation -Decision Of The New Zealand Immigration And Protection Tribunal”, GAÜN-HFD, sy 1, ss. 167–181, Haz. 2025, [çevrimiçi]. Erişim adresi: https://izlik.org/JA35BJ38GB
ISNAD
Akın, Rıdvan, trc. “Humanitarian Appeal Against Deportation -Decision Of The New Zealand Immigration And Protection Tribunal”. Gaziantep Üniversitesi Hukuk Fakültesi Dergisi. 1 (01 Haziran 2025): 167-181. https://izlik.org/JA35BJ38GB.
JAMA
1.Humanitarian Appeal Against Deportation -Decision Of The New Zealand Immigration And Protection Tribunal. GAÜN-HFD. 2025;:167–181.
MLA
Akın, Rıdvan, çeviren. “Humanitarian Appeal Against Deportation -Decision Of The New Zealand Immigration And Protection Tribunal”. Gaziantep Üniversitesi Hukuk Fakültesi Dergisi, sy 1, Haziran 2025, ss. 167-81, https://izlik.org/JA35BJ38GB.
Vancouver
1.Rıdvan Akın. Humanitarian Appeal Against Deportation -Decision Of The New Zealand Immigration And Protection Tribunal. GAÜN-HFD [Internet]. 01 Haziran 2025;(1):167-81. Erişim adresi: https://izlik.org/JA35BJ38GB