Sınır Dışı Etmeye Karşı Yapılan İnsani İtiraz – Yeni Zelanda Göç Ve Koruma Mahkemesi Kararı

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.