Institute for Migrant Rights
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Migration Jurisprudence from the South › New Zealand

Ye v. Minister of Immigration

Supreme Court of New Zealand · New Zealand · 2009-08-21 · National court

Citation: [2009] NZSC 76
Type of case: Constitutional and human rights
Outcome: Decided for the migrant side

Question

Must the interests of children born in New Zealand be weighed before their overstaying parents are removed?

What the court decided

Yes. Immigration officers must properly consider the children’s interests, and the cases were sent back for reconsideration.

In plain language

Chinese families who had overstayed their visas faced removal, and their children were born in New Zealand. The Supreme Court said officials must properly consider what removal would mean for the children.

Dalam bahasa sederhana

Keluarga Tiongkok yang melebihi masa visa akan dikeluarkan, dan anak-anak mereka lahir di Selandia Baru. MA menyatakan pejabat harus menimbang dengan benar dampak pengusiran bagi anak-anak.

Pertanyaan: Haruskah kepentingan anak yang lahir di Selandia Baru ditimbang sebelum orang tuanya yang melebihi izin tinggal dikeluarkan?

What happened afterwards

  • 2009-08-21: Judgment.

Sources

Open this decision in the interactive collection (compare, filter, Indonesian view, downloads).

Cite as: Institute for Migrant Rights (2026), Migration Jurisprudence from the South, version 0.1, https://theimr.org/court-decisions/d/nz-ye-2009/. This page summarizes a court decision for research and advocacy; it is not legal advice.

For researchers

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