Kioa V West - Kioas' Arguments

Kioas' Arguments

The Kioas' principal argument was that the decision maker had failed to afford them procedural fairness in not disclosing and allowing an opportunity to respond to the adverse allegations made in the departmental submission.

They further argued that the delegate had wrongly failed to take into account:

  • the detrimental effect the decision may have on their child; and
  • the provisions of the International Covenant on Civil and Political Rights and the Declaration of the Rights of the Child.

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