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Immigration Act 2009

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

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

You could also call this:

“Appealing decisions about your refugee or protection status”

You can appeal to the Tribunal if a refugee and protection officer makes certain decisions about your refugee or protection status. These decisions include:

  • Not accepting your claim because you could have claimed refugee status or protection in another country.
  • Not accepting your claim to be recognised as a refugee.
  • Declining your claim to be recognised as a refugee or protected person.
  • Stopping your recognition as a refugee or protected person.
  • Cancelling your recognition as a refugee or protected person if you’re a New Zealand citizen.

If you’re in detention, you must appeal within 5 working days of being told about the decision. In other cases, you have 10 working days. The Tribunal might give you more time if there are special reasons.

If you’re also facing deportation, you must file a humanitarian appeal at the same time as your refugee or protection appeal. If you win your refugee or protection appeal, the Tribunal won’t look at your humanitarian appeal. If you lose, they will consider it.

If you don’t file a humanitarian appeal with your refugee or protection appeal, you can’t file one later about the same deportation issue.

‘Working days’ don’t include weekends, public holidays, or the period from 25 December to 2 January. There are also special rules for when some holidays fall on weekends.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440904.

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193: Tribunal consideration of refugee and protection matters, or

“How the Tribunal decides refugee and protection appeals”

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195: Right of appeal in relation to subsequent claims for refugee or protection status, or

“You can appeal decisions about additional refugee or protection claims”

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

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

  1. A person may appeal to the Tribunal against a decision by a refugee and protection officer—

  2. to decline to accept for consideration the person's claim to be recognised as a refugee or a protected person on the grounds that—
    1. in light of an international arrangement or agreement (as defined in section 134(5)), the person may have lodged, or had the opportunity to lodge, a claim for refugee status in another country:
      1. in light of an international arrangement or agreement (as defined in section 134(5)), the person may have lodged, or had the opportunity to lodge, a claim for protection in another country:
      2. under section 134(3) to decline to accept for consideration the person’s claim to be recognised as a refugee:
        1. to decline the person’s claim to be recognised under any of sections 129, 130, and 131 as a refugee or a protected person (whether or not the refugee and protection officer recognised the person as a refugee or a protected person under the grounds set out in another of those sections, or both of those other sections):
          1. to cease to recognise the person as a refugee or a protected person under section 143:
            1. to cancel recognition of a New Zealand citizen as a refugee or a protected person under section 145.

              1. An appeal under this section must be brought,—

              2. if the person is in detention under Part 9, not later than 5 working days after the date on which the appellant is notified of the decision to which the appeal relates; or
                1. in any other case, not later than 10 working days after the date on which the appellant is notified of the decision to which the appeal relates.

                  1. The Tribunal may, however, extend the time for lodging an appeal if satisfied that special circumstances warrant an extension.

                  2. To avoid doubt, an appeal right arises under subsection (1)(c) if a person's claim is declined on the grounds that the person has the protection of another country or has been recognised as a refugee by another country and can be received back and protected there without risk of being returned to a country where he or she would be at risk of circumstances that would give rise to grounds for his or her recognition as a refugee or a protected person in New Zealand.

                  3. Subsection (6) applies to a person who is entitled to an appeal under subsection (1)(a), (b), or (c) and who either—

                  4. is liable for deportation and is entitled to a humanitarian appeal in respect of that liability; or
                    1. would be entitled to a humanitarian appeal in respect of his or her liability for deportation, if he or she became liable for deportation.

                      1. The person must lodge a humanitarian appeal at the same time as lodging an appeal under this section (and, in respect of a person to whom subsection (5)(b) applies, the humanitarian appeal must be conducted as if he or she were a person liable for deportation). If the person is—

                      2. successful on the appeal under this section, the Tribunal must dispense with its consideration of the person's humanitarian appeal:
                        1. unsuccessful on the appeal under this section, the Tribunal must consider the person's humanitarian appeal.

                          1. If the Tribunal dispenses (under subsection (6)(a)) with the consideration of a person's humanitarian appeal lodged at the same time as an appeal under subsection (1)(a) or (b), the person may subsequently lodge a humanitarian appeal only if it is lodged, as required by subsection (6), at the same time as an appeal under subsection (1)(c).

                          2. If the person does not lodge a humanitarian appeal in accordance with subsection (6), the person is not entitled to a humanitarian appeal against his or her liability for deportation, whether the liability currently exists or may arise in the future.

                          3. To avoid doubt, nothing in subsection (7) applies to a person who—

                          4. complies with subsection (6); and
                            1. is successful on the appeal under this section; and
                              1. becomes liable for deportation for any reason at some future date.

                                1. In subsection (2), working day means a day of the week other than—

                                2. a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and
                                  1. if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
                                    1. a day in the period commencing with 25 December in a year and ending with 2 January in the following year; and
                                      1. if 1 January falls on a Friday, the following Monday; and
                                        1. if 1 January falls on a Saturday or a Sunday, the following Monday and Tuesday.

                                          Compare
                                          Notes
                                          • Section 194(1)(e): amended, on , by section 53(1) of the Immigration Amendment Act 2015 (2015 No 48).
                                          • Section 194(6)(a): amended, on , by section 53(2) of the Immigration Amendment Act 2015 (2015 No 48).
                                          • Section 194(6A): inserted, on , by section 53(3) of the Immigration Amendment Act 2015 (2015 No 48).
                                          • Section 194(9)(a): replaced, on , by wehenga 7 o Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022/section 7 of the Te Kāhui o Matariki Public Holiday Act 2022 (2022 No 14).
                                          • Section 194(9)(ab): inserted, on , by section 8 of the Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19).