IN THE Supreme court OF new Zealand	
SC 72/2013 
[2013] NZSC 91	

BETWEEN	
SAMUELA FALETALAVAI HELU
Applicant	

AND	
IMMIGRATION AND PROTECTION TRIBUNAL
First Respondent

MINISTER OF IMMIGRATION
Second Respondent	

     	
     	

Court:	
McGrath, William Young and Glazebrook JJ	

Counsel:	
A Schaaf for Applicant
M Andrews and J Foster for Second Respondent	

Judgment:	
3 October 2013	

JUDGMENT OF THE COURT

A.	The application for leave to appeal is granted.

B.	The approved questions are:

(a)		Did the Immigration and Protection 			Tribunal, in assessing whether it would not be contrary to the public interest to allow Mr Helu to remain in New Zealand:
(i)	fail to take into account all relevant 								considerations; or
(ii)	apply the incorrect test.
(b)	Even if either or both of those questions are answered in the affirmative would the Tribunal nevertheless necessarily have come to the same decision, given its findings of fact?
____________________________________________________________________

Solicitors: 
Ferguson Tuilotolava for Applicant
Crown Law for Second Respondent