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Immigration Act 2009

Appeals, reviews, and other proceedings - Orders on determination of appeal

214: Effect of suspension on appeal

You could also call this:

“What happens to your deportation appeal when deportation is suspended”

This section explains what happens if the Minister suspends your deportation and you have appealed against it. If you don’t withdraw your appeal, you can ask the Tribunal to delay your appeal on humanitarian grounds. The Tribunal might agree to this.

If your deportation is cancelled, the Tribunal might not look at parts of your appeal that haven’t been decided yet. But if you get a notice saying your deportation is active again, the Tribunal will continue to look at any parts of your appeal that haven’t been decided.

If the Minister cancels your deportation, you can find more information about this in section 172 or section 174(2). If you get a notice that your deportation is active again, you can find more information about this in section 172(3).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440930.

Topics:
Immigration and citizenship > Visas
Government and voting > Government departments
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213: Effect of suspension, or

“What happens when your deportation is suspended”

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Part 7 Appeals, reviews, and other proceedings
Orders on determination of appeal

214Effect of suspension on appeal

  1. This section applies if the Minister suspends a person’s liability for deportation, and the person has lodged an appeal under this Part against that liability.

  2. If the person does not withdraw the appeal, the Tribunal may, on the application of the person, adjourn any appeal on humanitarian grounds lodged by the person.

  3. If the person’s liability for deportation is cancelled under section 172 or 174(2), the Tribunal may dispense with its consideration of any aspects of the appeal that have not been determined at that point.

  4. If the person is served with a reactivation notice under section 172(3), the Tribunal must then continue to determine any aspects of the person’s appeal that have not yet been determined.

  5. Repealed
Notes
  • Section 214(4): amended, on , by section 68(1) of the Statutes Amendment Act 2019 (2019 No 56).
  • Section 214(5): repealed, on , by section 68(2) of the Statutes Amendment Act 2019 (2019 No 56).