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Immigration Act 2009

Appeals, reviews, and other proceedings - Appeal on facts against liability for deportation

201: Persons who may appeal to Tribunal on facts

You could also call this:

“Who can appeal deportation decisions based on facts”

You can appeal to the Tribunal on facts against your liability for deportation if you are:

A resident who is liable for deportation under sections 155, 156(1)(b), 158(1)(b), 159, or 160.

A permanent resident who is liable for deportation under sections 155, 156(1)(b), 158(1)(b), or 160.

A person recognised as a refugee or protected person who is liable for deportation under section 162(1), unless you have been convicted of getting this status by cheating.

You cannot appeal to the Tribunal on facts against your liability for deportation if you are:

A resident or permanent resident who is liable for deportation under sections 156(1)(a), 158(1)(a), 158(2), or 161.

A person liable for deportation under section 162(1) who has been convicted of getting refugee or protected person status by cheating, such as lying or hiding important information.

A person who is liable for deportation because of a deportation order under section 163.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440914.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Crime and justice > Criminal law
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200: Determination of appeal against refusal or declining of subsequent claim for recognition as refugee or protected person, or

“How the Tribunal decides appeals about refugee or protected person claims”

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202: Grounds for determining appeal on facts, or

“Reasons the Tribunal may allow your deportation appeal”

Part 7 Appeals, reviews, and other proceedings
Appeal on facts against liability for deportation

201Persons who may appeal to Tribunal on facts

  1. The following persons may appeal to the Tribunal on the facts against their liability for deportation:

  2. residents whose liability for deportation arises under section 155, 156(1)(b), 158(1)(b), 159, or 160:
    1. permanent residents whose liability for deportation arises under section 155, 156(1)(b), 158(1)(b), or 160:
      1. persons recognised as refugees or protected persons whose liability for deportation arises under section 162(1), other than persons described in subsection (2)(b).

        1. The following persons may not appeal to the Tribunal on the facts against their liability for deportation:

        2. residents or permanent residents whose liability for deportation arises under section 156(1)(a), 158(1)(a), 158(2), or 161:
          1. persons whose liability for deportation arises under section 162(1) and who have been convicted of an offence where it is established that the person acquired recognition as a refugee or a protected person by fraud, forgery, false or misleading representation, or concealment of relevant information:
            1. persons whose liability for deportation arises by way of a deportation order under section 163.