Plain language law

New Zealand law explained for everyone

Immigration Act 2009

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

207: Grounds for determining humanitarian appeal

You could also call this:

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

You can appeal against being deported from New Zealand on humanitarian grounds. The Tribunal will only allow your appeal if two conditions are met. First, there must be exceptional circumstances of a humanitarian nature that would make it unfair or too harsh to deport you. Second, letting you stay in New Zealand must not go against the public interest.

If you became liable for deportation under [section 161], the Tribunal will consider any submissions made by a victim according to [section 208]. They will use this information to decide if it would be unfair or too harsh to deport you, and if letting you stay would go against the public interest.

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 It might be out of date or be missing some parts.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=DLM1440921.

Topics:
Immigration and citizenship > Visas
Government and voting > Government departments
Previous

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

“People who can appeal deportation on humanitarian grounds”

Next

208: Right of victims to make submission on appeal, or

“Victims can share their views when you appeal deportation”

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

207Grounds for determining humanitarian appeal

  1. The Tribunal must allow an appeal against liability for deportation on humanitarian grounds only where it is satisfied that—

  2. there are exceptional circumstances of a humanitarian nature that would make it unjust or unduly harsh for the appellant to be deported from New Zealand; and
    1. it would not in all the circumstances be contrary to the public interest to allow the appellant to remain in New Zealand.

      1. In determining whether it would be unjust or unduly harsh to deport from New Zealand an appellant who became liable for deportation under section 161, and whether it would be contrary to the public interest to allow the appellant to remain in New Zealand, the Tribunal must have regard to any submissions of a victim made in accordance with section 208.

      Compare