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Immigration Act 2009

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

219: Membership of Tribunal

You could also call this:

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

The Immigration and Protection Tribunal is made up of different people. The leader of the Tribunal is called a chair, and this person is a District Court Judge. There are also other members who are lawyers with at least 5 years of experience or similar skills. Someone from the United Nations High Commissioner for Refugees is part of the group too, but only for matters about refugees. A special District Court Judge is also included to handle cases with secret information.

The Governor-General chooses the chair of the Tribunal. They do this after getting advice from the Attorney-General, who talks to the Minister of Justice and the Minister first. The other members are also picked by the Governor-General, but the Minister of Justice suggests who they should be after talking to the Minister.

Some people can’t be part of the Tribunal. These include immigration officers, refugee and protection officers, and anyone who has been one of these officers in the last 5 years. This also includes people who had similar jobs under the old law.

When the text mentions section 240, it’s talking about the part of the law that explains how the special judge for secret information cases is chosen.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440937.

Topics:
Immigration and citizenship > Visas
Government and voting > Government departments
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218: Nature of Tribunal, or

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

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219A: Appointment of temporary acting chair or member of Tribunal, or

“Choosing a stand-in for the Tribunal chair or member when needed”

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

219Membership of Tribunal

  1. The Tribunal consists of—

  2. a chair, being a District Court Judge:
    1. such other members as may be appointed under subsection (3), being lawyers who have held a practising certificate for at least 5 years or have other equivalent or appropriate experience (whether in New Zealand or overseas):
      1. a representative of the United Nations High Commissioner for Refugees, to serve as an ex officio member in relation to matters relating to refugees:
        1. a District Court Judge seconded to the Tribunal under section 240 to exercise the jurisdiction of the Tribunal in relation to proceedings involving classified information.

          1. The chair of the Tribunal is appointed by the Governor-General on the advice of the Attorney-General, given after consultation with the Minister of Justice and the Minister.

          2. The other members of the Tribunal are appointed by the Governor-General on the recommendation of the Minister of Justice made in consultation with the Minister.

          3. None of the following persons may be appointed as a member of the Tribunal:

          4. an immigration officer; or
            1. a refugee and protection officer; or
              1. any person who at any time in the previous 5 years has been—
                1. an immigration officer; or
                  1. a refugee and protection officer; or
                    1. an immigration officer, a visa officer, or a refugee status officer under the former Act.

                    Notes
                    • Section 219(3): amended, on , by section 100 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).