New Zealand: Ye and Qui v Minister of Immigration [2009] NZSC 76 (20 July 2009)


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Citizens of New Zealand who had been born there challenged the deportation order of their parents by the Department of Immigration. The parents had been born outside of New Zealand and were undocumented. The Supreme Court of New Zealand cited Article 3 of the Convention on the Rights of the Child. The Court held that the best interests of the child, as per Article 3, in this case should be granted “due weight”. In this particular context, however, they should not be granted “paramount weight”. The Court stated that giving “paramount weight” to such interests would disproportionately overlook other relevant considerations.

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