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Immigration Act 2009

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

203: Process when entitlement to appeal on facts and humanitarian grounds

You could also call this:

“How to appeal deportation on factual and humanitarian grounds”

If you want to appeal against being deported from New Zealand, you might be able to do so for two reasons: because of facts about your case and for humanitarian reasons. If you want to appeal for both reasons, you need to submit both appeals at the same time. You must do this within the time limits set for appeals.

The Tribunal, which is the group that looks at appeals, will try to consider both of your appeals together when they can. However, they will always look at your appeal based on facts first. If your appeal based on facts is successful, the Tribunal might decide not to look at your humanitarian appeal at all.

It’s important to know that there are some exceptions to these rules. You can find these exceptions in section 194(6) and section 195(7) of the Immigration Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440916.

Topics:
Immigration and citizenship > Visas
Crime and justice > Courts and legal help
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202: Grounds for determining appeal on facts, or

“Reasons the Tribunal may allow your deportation appeal”

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204: Special process where refugee or protection status acquired through fraud, etc, or

“Process for reviewing refugee or protection status obtained through deception”

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

203Process when entitlement to appeal on facts and humanitarian grounds

  1. A person who is entitled to and wishes to appeal both on the facts and on humanitarian grounds must lodge both appeals together within the relevant time limits.

  2. Where practicable, the Tribunal must consider both appeals together, but—

  3. must first consider the appeal on the facts; and
    1. may dispense with its consideration of the humanitarian appeal if the appellant’s appeal on the facts is successful.

      1. This section is subject to sections 194(6) and 195(7).