Plain language law

New Zealand law explained for everyone

Immigration Act 2009

Appeals, reviews, and other proceedings - Immigration and Protection Tribunal

218: Nature of Tribunal

You could also call this:

“How the Immigration and Protection Tribunal works and makes decisions”

The Immigration and Protection Tribunal is a special group that makes decisions on appeals and other matters. When they make a decision, they look at the facts, use the right laws, and then come to a conclusion.

When the Tribunal is working on a case, they can choose how to handle it. They can ask lots of questions to find out information, which is called being ‘inquisitorial’. Or they can let two sides argue their points, which is called being ‘adversarial’. Sometimes, they might use both of these ways in the same case.

The Tribunal gets to decide which way works best for each case they’re dealing with. This helps them make fair decisions about immigration and protection issues.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440936.

Topics:
Immigration and citizenship > Visas
Government and voting > Government departments
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217: Immigration and Protection Tribunal, or

“A group that reviews immigration decisions and handles related matters”

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219: Membership of Tribunal, or

“Who can be part of the Immigration and Protection Tribunal and how they are chosen”

Part 7 Appeals, reviews, and other proceedings
Immigration and Protection Tribunal

218Nature of Tribunal

  1. The Tribunal is a specialist body that has the role of deciding appeals and matters by making findings of fact, applying the relevant law, and making a determination.

  2. In carrying out its role, the proceedings of the Tribunal in any particular case may be, as the Tribunal thinks fit,—

  3. of an inquisitorial nature; or
    1. of an adversarial nature; or
      1. of both an inquisitorial and an adversarial nature.