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Immigration Act 2009

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

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

You could also call this:

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

If you are a refugee or protected person, and you are liable for deportation under section 161, this part of the law explains what happens next.

First, a refugee and protection officer will decide if you can be deported under section 164. If the officer says you can be deported, you have the right to appeal this decision under section 161(2)(b).

When you appeal, a special group called the Tribunal will look at your case. They will first check if section 164 stops you from being deported. If the Tribunal decides that you can be deported, they will then look at any appeal you make based on humanitarian grounds.

This process makes sure that your rights as a refugee or protected person are considered before any decision about your deportation is made.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440918.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Crime and justice > Criminal law
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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”

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206: Who may appeal to Tribunal on humanitarian grounds, or

“People who can appeal deportation on humanitarian grounds”

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

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

  1. This section applies if—

  2. a refugee or a protected person is liable for deportation under section 161; and
    1. a refugee and protection officer has determined that the deportation of the person is not prohibited under section 164; and
      1. the person appeals against that determination under section 161(2)(b).

        1. The Tribunal must—

        2. first determine whether the deportation of the person is prohibited under section 164; and
          1. if it determines that the deportation of the person is not prohibited, then determine any appeal on humanitarian grounds brought by the person.