Ashby v. Minister of Immigration

Abstract

Aliens — Entry — Discretion of Minister of Immigration to grant entry permits — Scope of discretion — Whether a duty to have regard to State’s international obligations when exercising discretion — Visiting sports team from South Africa to New Zealand — International Convention on the Elimination of All Forms of Racial Discrimination, 1965 — Effect of Convention in municipal law — Whether reference to specific group required in Convention to render an action a violation of the ConventionRelationship of international law and municipal law — Treaties — Application by municipal courts — Incorporation into domestic law — Entry permits — Whether Minister of Immigration’s discretion to grant permits to be exercised with regard to State’s international obligations — Whether treaties require full incorporation into municipal law to impose duty on Minister to have regard to treaty when exercising discretion — International Convention on the Elimination of All Forms of Racial Discrimination, 1965 — Visiting sports team from South AfricaTreaties — Application — By municipal courts — Whether full incorporation into domestic law required to make treaty enforceable in municipal law — International Convention on the Elimination of All Forms of Racial Discrimination, 1965 — Whether Minister exercising a discretion bound to have regard to State’s international obligations — Whether duty imposed depends whether importance of issue such that Parliament must 204have intended that exercise of discretion performed in light of international obligations in absence of specific incorporation — The law of New Zealand