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Immigration Act 2009

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

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

You could also call this:

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

If you want to appeal against a decision about your refugee or protection status, you can do this in certain situations. You can appeal to the Tribunal if a refugee and protection officer refuses to look at your new claim for refugee or protected person status. This applies if it’s not your first claim.

You can also appeal if a refugee and protection officer decides not to accept your new claim for refugee or protected person status. This is true even if they’ve accepted you under a different section of the law.

You need to make your appeal quickly. If you’re being held in detention, you have 5 working days to appeal. If you’re not in detention, you have 10 working days. In special cases, the Tribunal might give you more time.

If you’re facing deportation, you must also make a humanitarian appeal at the same time as your refugee or protection appeal. The Tribunal will look at both appeals together. If you win your refugee or protection appeal and get recognised, they won’t look at your humanitarian appeal. If you lose your refugee or protection appeal, they will look at your humanitarian appeal.

If you don’t make a humanitarian appeal when you’re supposed to, you won’t be able to make one later if you face deportation in the future. But if you do everything right and win your appeal, you can still make a humanitarian appeal if you face deportation later for a different reason.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440906.

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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”

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196: Determination of appeal against decision declining to accept for consideration claim in light of international arrangement or agreement, or

“Reviewing appeals when claims are rejected due to international agreements”

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

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

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

  2. under section 140(1) to refuse to consider a subsequent claim by the person to be recognised as a refugee or a protected person:
    1. under section 140(3) to refuse to consider a subsequent claim by the person to be recognised as a refugee or a protected person, but only if the person's most recent previous claim was declined under Part 6A of the former Act.

      1. A person may appeal to the Tribunal against a decision by a refugee and protection officer to decline a subsequent claim by the person 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).

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

      3. 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 was notified of the decision to which the appeal relates.

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

          2. To avoid doubt, an appeal right arises under subsection (2) 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 (7) applies to a person who is entitled to appeal under this section 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 (6)(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, and the Tribunal goes on to consider the claim and grants the person recognition, it must dispense with its consideration of the person's humanitarian appeal:
                1. successful on the appeal under this section, and the Tribunal goes on to consider the claim but declines the claim, it must consider 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 person does not lodge a humanitarian appeal in accordance with subsection (7), 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.

                    2. To avoid doubt, nothing in subsection (8) applies to a person who—

                    3. complies with subsection (7); 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 (3), working day has the meaning given to it in section 194(9).

                          Notes
                          • Section 195(1)(a): amended, on , by section 17 of the Immigration Amendment Act 2013 (2013 No 39).