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209: Tribunal may make orders considered necessary on allowing appeal against liability for deportation
or “Tribunal can give instructions to stop deportation if you win your appeal”
You could also call this:

“Tribunal can grant visa if deportation appeal is successful”

If you win an appeal against being deported, the Immigration and Protection Tribunal can tell an immigration officer to give you a visa. This can happen even if you’re in New Zealand without permission or if you have a temporary visa.

The Tribunal can order the officer to give you either a resident visa or a temporary visa. A resident visa might have conditions attached to it. A temporary visa can last up to 12 months and might also have conditions. If you get a temporary visa this way, you can’t appeal again if that visa expires or if you become liable for deportation again.

The Tribunal can add any conditions they think are right to a resident visa. They think about why you were allowed to stay in New Zealand, like if you had special humanitarian reasons.

Even if you’re not usually allowed to get a visa, the Tribunal can still order one for you, and the immigration officer has to give it to you.

If the Tribunal puts conditions on your visa, you have to follow them just like any other visa conditions. They’ll tell you about these conditions in writing.

The head of the immigration department (the chief executive) has to make sure that the Tribunal’s orders are followed.

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Next up: 211: Effect of successful appeal against liability for deportation

or “What happens if you win an appeal against deportation”
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Part 7 Appeals, reviews, and other proceedings
Orders on determination of appeal

210Tribunal may order grant of visa on allowing appeal against liability for deportation

  1. Without limiting section 209, if the Tribunal decides that an appeal against liability for deportation should be allowed in the case of a person who is unlawfully in New Zealand or is the holder of a temporary entry class visa, the Tribunal may order an immigration officer to grant the successful appellant—

  2. a resident visa subject to such conditions (if any) as the Tribunal determines; or
    1. a temporary visa for a period not exceeding 12 months subject to such conditions (if any) as the Tribunal determines.

      1. If a temporary visa is granted following an order made under subsection (1)(b), no further appeal against liability for deportation may be brought by the holder upon the expiry of the visa or upon the holder earlier becoming liable for deportation.

      2. The Tribunal may order the imposition of any condition on the grant of a resident visa that it thinks fit, having regard to the reasons why the appellant was able to demonstrate exceptional circumstances of a humanitarian nature or why it was not contrary to the public interest to allow the appellant to remain in New Zealand, whether or not the condition is of a kind authorised by residence instructions.

      3. To avoid doubt, the Tribunal may order an immigration officer to grant a visa, and the officer must grant the visa, even though the person would normally be prohibited from being granted a visa under section 15 or 16.

      4. If the Tribunal orders the imposition of any condition on a visa,—

      5. the condition must be treated as if it were a condition imposed by the Minister under section 50 or 52 (as the case may be); and
        1. the condition must be notified to the visa holder in writing; and
          1. section 56(1) requires the holder to comply with the conditions of the visa.

            1. The chief executive must ensure that the terms of an order given under this section are complied with.

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