Simon Graham

Partner

03 963 8095 022 091 5829 Email LinkedIn PA: Zoë White

Simon is a partner in our civil and commercial litigation team. He provides advice and representation with respect to all aspects of immigration litigation, including deportation appeals, refugee and protected person appeals, residence appeals, immigration fraud and High Court appeals. In addition, Simon deals with criminal charges and appeals against convictions, employment disputes and prosecutions, health & safety prosecutions, and civil disputes.

Simon is a convenor of the New Zealand Immigration and Refugee Law Committee of the New Zealand Law Society.

Why our clients choose Simon: Our clients value Simon for his deep understanding of dispute resolution and litigation - derived from years of experience representing clients in Tribunals and Courts. His calm nature and strategic thinking provide support to his clients during stressful periods.

Simon's journey: Simon is a native of Ireland with a degree from Nottingham Trent University. Before he moved to New Zealand, he was employed with the Chief State Solicitor’s Office in Dublin. He was later assigned to work with the Criminal Assets Bureau where he focused on proceeds of crime prosecutions and extradition.

In 2008, Simon joined us at Young Hunter. He completed transferring his qualifications and was admitted as a barrister and solicitor of the High Court of New Zealand in February 2009. He became a partner at Young Hunter in 2018.

Simon's values: It is important to Simon to build a personal connection with his clients. He understands what is at stake with every case and is always striving to find new, innovative strategies to achieve excellent outcomes for his clients.

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Simon's expertise

Deportation and Human Rights
Refugee and protected persons
Residence appeals
Employment and health and safety
Criminal
Litigation and dispute resolution

Notable work

Refugee and protected person appeals

JL (Sri Lanka) [2024] NZIPT 802357 (successful refugee appeal on the grounds of the persons membership of a particular social group, namely, bisexual men).
BL (Vietnam) NZIPT [2024] 802351 (successful refugee appeal on the grounds that the appellant’s social media posts (political opinion) which were critical of the government placed him at a serious risk of harm).
IR (China) NZIPT [2024] 802191-193 (successful refugee appeal on the grounds that the person was at risk of persecution due to being a “member of their father’s family”).
JQ (Fiji) NZIPT [2024] 802251-252 (successful protected person appeal under articles 6 & 7 of the International Covenant on Civil and Political Rights 1966).
PT (India) NZIPT [2023] 802181 (successful refugee appeal on the grounds of religion and caste, with a specific focus on an internal protection alternative).
AM (Ukraine) [2023] NZIPT 802249 (successful appeal under s129 of the Immigration Act with a focus on Article 1C).
HL (China) [2023] NZIPT 802089 (successful refugee appeal under Articles 7 and 18 of the ICCPR on the grounds of discrimination for participation and proselytising in Yiguandao in China).
BR (Zimbabwe) [2022] NZIPT 802055 (successful refugee appeal under Article 6, 7 and 9 of the ICCPR and Article 3 of the Convention Against Torture).
ME (India) [2022] NZIPT 801993-994 (successful refugee appeal under Article 27 of the ICCPR – the right to consent to a marriage of their choosing).

MF (India) [2022] NZIPT 802000 (successful refugee appeal based on the risks associated with “honour killings”).
HI (Sri Lanka) [2021] NZIPT 801847 (history of domestic violence including charges of strangulation, and threatening to kill which were recognised as breaches under Articles 6 and 7 of the ICCPR together with a determination that state protection is insufficient to reduce the risk of harm).
DU (Pakistan) [2020] NZIPT 801649-650 (successful refugee appeal for a Pakistan lawyer relating to allegations of blasphemy).
EW (China) [2019] NZIPT 801571 (successful appeal for a Chinese Christian facing persecution).
New Zealand Immigration Services v HA (Fiji) CIV 2017 009 003 403 (successful appeal against immigration detention under s 313 of the Immigration Act).
HA (Fiji) [2019] NZIPT 801634 (successful refugee and protected person claim relating to risks in home country).

Employment and health and safety

Worksafe New Zealand v Stump Master Limited [2018] NZDC 900.
Jones v GBC South Island Ltd [2015] NZERA Christchurch 62.
Isherwood v Insyn Ltd [2001] NZERA Christchurch 138.
Health and Safety Inspector v Everitt Enterprises Limited CRN 1030 125 00484.
Department of Labour v Pankhurst Sawmilling Company Limited CRN 040 255 00304.
Ministry of Business Innovation and Employment v LRK Trays Limited CRN 030 705 02095.

Criminal

Yadav v New Zealand Police [2024] NZDC 30320 (successful appeal of two separate convictions on the grounds of deportation consequences related to an innocent third party).
Mohit Nanda v New Zealand Police [2023] NZHC 415 (successful appeal against conviction – assault on a child under s194 of the Crimes Act 1961), with respect to immigration consequences (eligibility for sponsorship and threat of deportation).
Gordon v Police [2020] NZDC 23661 (successful appeal against conviction (excess breath alcohol) with respect to immigration consequences)
Kumar v Police [2020] NZDC 9312 (successful appeal with respect to immigration consequences for innocent third party)
Kent v Police CRI 2020 009 008517 (discharge without conviction as a consequence of immigration consequences)
Carroll v Police [2018] NZHC 2930 (successful appeal against conviction (common assault) as a consequence of (among other things) immigration consequences)
Ministry of Primary Industries v Harlene Bueno PRN: 61183094 (seven charges under s 154 of the Biosecurity Act 1993 and s 72 of the Crimes Act 1961 – successful discharge without conviction on the grounds of risk to employment and investigation by professional body)

Deportation

JS (Fiji) [2024] NZIPT 506110 (successful humanitarian appeal with respect to the wife of a recognised refugee).
QB (India) [2024] NZIPT 506085 (successful humanitarian appeal with respect to an elderly appellant with diagnosed cancer – finding that it is in the public interest to consider compassionate medical treatment).
BO (United Kingdom) [2024] NZIPT 506109 (successful humanitarian appeal with respect to an elderly appellant with diagnosed mental health issues, who would face a risk of social isolation upon a return to her home country).
PQ (India) [2023] NZIPT 506057 (successful humanitarian appeal which related to an unconventional partnership relationship, together with human rights considerations under Article 3 of the UNCRC).
AY (United States) [2023] NZIPT 506004 (successful humanitarian appeal of partner of NZ citizen who had serious criminal convictions, which made him ineligible to support his partner to remain in NZ).
AB (Trinidad and Tobago) [2023] NZIPT 505762 (successful humanitarian appeal based on the best interests of the children with respect to the relationship between a grandparent and grandchild under Article 3 of the UNCRC).
HQ (Sri Lanka) [2022] NZIPT 505394 (successful humanitarian appeal following decline of a refugee appeal based on lack of mental health services in Sri Lanka)
BI (United Kingdom) [2022] NZIPT 505556-557 (successful appeal for an elderly retired couple and their relationship with their granddaughter raising considerations under Article 3 of the UNCRC).
MH (India) [2022] NZIPT 600683 (successful deportation appeal on a reactivation of deportation liability (further criminal convictions) four years after the granting of a humanitarian appeal).
BD (SSRV) [2020] NZIPT 205739 (successful appeal for second or subsequent resident visa on grounds of special circumstances).
AU (Egypt) [2020] NZIPT 600629 (successful deportation appeal arising out of convictions relating to trespass, assault and burglary).
Andrey Danilovich [2020] NZIPT 600620 (successful deportation appeal arising out of a criminal conviction for male assaults female).
CW (China) [2017] NZIPT 600408; High Court appeal [2018] NZHC 1071; Court of Appeal [2020] NZCA 288 (deportation appeal which clarified the law with respect to the assessment of innocent third parties and the consequences of deportation).
Tiffany Seinders [2019] NZIPT 205193 (successful residence appeal which involved convictions for dishonesty related offending).
AQ (Ethiopia) [2019] NZIPT 504414 (successful humanitarian appeal under Article 3 of the 1989 Convention on the Rights of the Child).
Ge Samaranay Ake [2017] NZIPT 204007 (successful residence appeal).
Chew Soon Huat [2017] NZIPT 204290 (successful residence appeal).
Tajinder Singh [2016] NZIPT 600228 (successful deportation appeal arising out of convictions for rape and passport fraud).
AJ (United Kingdom) [2016] NZIPT 600236 (successful deportation appeal arising out of convictions for sexual violation charges with respect to minors).
Guanbin Guo [2015] NZIPT 202693 (successful residence appeal).
Fetuao Luaufui [2013] NZIPT 600023 (successful deportation appeal arising out of charges relating to sexual violation and unlawful sexual connections).