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Immigration Act 2009

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

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

You could also call this:

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

If you’re trying to stay in New Zealand but might be sent away because you lied to get refugee or protected person status, here’s what happens:

When you appeal against being sent away, the Immigration and Protection Tribunal will look at your case. They’ll check if you should still be considered a refugee or protected person.

If the Tribunal agrees that the facts about your case were wrong and you shouldn’t be sent away, they won’t need to check if you’re still a refugee or protected person. They also won’t need to look at any other reasons you’ve given to stay.

But if the Tribunal doesn’t agree with you about the facts, they’ll first decide if you should still be called a refugee or protected person. They’ll use sections 129, 130, and 131 of the law to do this.

If the Tribunal decides you’re not a refugee or protected person, they’ll then look at any other reasons you’ve given for why you should be allowed to stay in New Zealand.

When the Tribunal is deciding if you’re a refugee or protected person, they’ll follow the rules in section 198(1) of the law.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440917.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
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203: Process when entitlement to appeal on facts and humanitarian grounds, or

“How to appeal deportation on factual and humanitarian grounds”

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205: Special process if refugee or protected person liable for deportation under section 161, or

“Deportation process for refugees and protected persons who have committed serious crimes”

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

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

  1. Subject to subsections (2) and (3), where a person who is liable for deportation under section 162 appeals against liability for deportation, the Tribunal must, in addition to considering the appeal on the facts (if any) or on humanitarian grounds (if lodged), determine whether the person is currently a refugee or a protected person in terms of sections 129 to 131.

  2. If the Tribunal has allowed an appeal on the facts under section 202(f), the Tribunal need not consider—

  3. whether the person is currently a refugee or a protected person; or
    1. any humanitarian appeal brought by the person.

      1. If the Tribunal does not allow an appeal on the facts under section 202(f), the Tribunal must—

      2. first determine whether to recognise the person as a refugee or a protected person in terms of sections 129, 130, and 131; and
        1. if it does not recognise the person as a refugee or a protected person, then determine any humanitarian appeal by the person.

          1. When determining whether to recognise a person as a refugee or a protected person for the purposes of this section, the Tribunal must determine the matter in accordance with section 198(1).