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Immigration Act 2009

Appeals, reviews, and other proceedings - Appeals against decisions relating to refugee or protection status

193: Tribunal consideration of refugee and protection matters

You could also call this:

“How the Tribunal decides refugee and protection appeals”

When you appeal a decision about whether you should be recognised as a refugee or protected person in New Zealand, or whether you should keep that status, the Tribunal will decide based on this Act. They will look at your case and make a decision according to the rules in this Act.

If there’s something the Act doesn’t cover about recognising refugees, the Tribunal will follow New Zealand’s promises under the Refugee Convention. This means they’ll make decisions that match what New Zealand has agreed to do for refugees.

For decisions about protected persons, the Tribunal will stick to what this Act says. They won’t go outside the rules set in the Act when deciding if someone should be a protected person.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440903.

Topics:

Immigration and citizenship > Visas

Government and voting > Government departments

192: No appeal or review rights in relation to transit visas, or

“You can't challenge or appeal decisions about transit visas”

194: Right of appeal in relation to decisions concerning refugee or protection status (other than subsequent claims), or

“Appealing decisions about your refugee or protection status”

Part 7 Appeals, reviews, and other proceedings
Appeals against decisions relating to refugee or protection status

193Tribunal consideration of refugee and protection matters

Every appeal relating to whether a person should be recognised as a refugee or a protected person in New Zealand must be determined in accordance with this Act.
Every appeal as to whether a person should continue to be recognised as a refugee or a protected person in New Zealand must be determined in accordance with this Act.
To the extent that an issue is not dealt with in this Act, the Tribunal, in carrying out its functions in relation to the recognition of a person as a refugee, must act in a way that is consistent with New Zealand’s obligations under the Refugee Convention.
The Tribunal, in carrying out its functions in relation to the recognition of a person as a protected person, must act in a way that is consistent with this Act.