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Immigration Act 2009

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

206: Who may appeal to Tribunal on humanitarian grounds

You could also call this:

“People who can appeal deportation on humanitarian grounds”

You can appeal to the Tribunal on humanitarian grounds against deportation if you are:

  1. In New Zealand without permission and facing deportation under section 154.

  2. A temporary or interim visa holder facing deportation under sections 155, 156, or 157.

  3. A resident or permanent resident facing deportation under sections 155, 156, 158, 159, 160, or 161.

  4. Facing deportation under section 162.

You cannot appeal on humanitarian grounds if:

  1. Your limited visa has expired or been cancelled.

  2. Sections 115, 154(5), 210(2), or 216(2) apply to you.

  3. You are being deported under section 163.

  4. You have a limited visa and are facing deportation under sections 155, 156, or 157.

  5. You are being deported under section 155 because you came back to New Zealand when you were not allowed to enter.

You also cannot appeal if you did not file your humanitarian appeal at the same time as your other appeal when you were supposed to, or if you have already had a humanitarian appeal heard by the Tribunal for a claim or later claim.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440920.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
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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”

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207: Grounds for determining humanitarian appeal, or

“How the Tribunal decides if you can stay in New Zealand for humanitarian reasons”

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

206Who may appeal to Tribunal on humanitarian grounds

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

  2. a person liable for deportation under section 154 on the grounds of being unlawfully in New Zealand:
    1. a temporary visa holder or interim visa holder liable for deportation under section 155, 156, or 157:
      1. a resident or permanent resident liable for deportation under section 155, 156, 158, 159, 160, or 161:
        1. a person liable for deportation under section 162.

          1. No person may appeal to the Tribunal on humanitarian grounds—

          2. against any liability for deportation arising from the expiry or cancellation of a limited visa; or
            1. if he or she is a person to whom section 115, 154(5), 210(2), or 216(2) applies; or
              1. whose liability for deportation arises by way of a deportation order under section 163; or
                1. if he or she holds a limited visa and is liable for deportation under section 155, 156, or 157; or
                  1. if the person is liable for deportation under section 155 because he or she re-entered New Zealand while subject to a period of prohibition on entry.

                    1. No person may appeal to the Tribunal on humanitarian grounds against his or her liability for deportation if the person has—

                    2. failed to lodge a humanitarian appeal at the same time as lodging an appeal in relation to a claim or a subsequent claim, where he or she is required to do so under this Act; or
                      1. had a humanitarian appeal heard by the Tribunal in relation to a claim or a subsequent claim.

                        Notes
                        • Section 206(2)(b): amended, on , by section 58(1) of the Immigration Amendment Act 2015 (2015 No 48).
                        • Section 206(2)(c): amended, on , by section 58(2) of the Immigration Amendment Act 2015 (2015 No 48).
                        • Section 206(2)(d): inserted, on , by section 58(3) of the Immigration Amendment Act 2015 (2015 No 48).
                        • Section 206(2)(e): inserted, on , by section 58(3) of the Immigration Amendment Act 2015 (2015 No 48).