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New Zealand law explained for everyone

Immigration Act 2009

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

221: Exercise of jurisdiction

You could also call this:

“How the Immigration and Protection Tribunal handles appeals”

When you appeal to the Immigration and Protection Tribunal, usually one member of the Tribunal will look at your case. However, sometimes more than one member might be needed if the case is very special or complicated.

If your case is very unusual, the person in charge of the Tribunal (called the chair) can decide that more people should look at it. The chair can choose up to three members to hear and decide on the case. The chair will also pick one of these members to be in charge during the hearing.

If your case is about being a refugee or asking to be a refugee, there’s a special member of the Tribunal who might help decide your case. This special member is mentioned in section 219(1)(c). They can be involved in hearing and deciding your case, but they don’t replace the other member or members who are already looking at it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440939.

Topics:
Immigration and citizenship > Visas
Government and voting > Government departments
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220: Role of chair of Tribunal, or

“Chair oversees Tribunal operations and member conduct”

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222: Procedure for determining appeals and matters generally, or

“How the Tribunal handles appeals and other matters”

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

221Exercise of jurisdiction

  1. For the purpose of any appeal or matter in its jurisdiction, the Tribunal consists of 1 member, except as provided in this section.

  2. The chair of the Tribunal may direct that, because of the exceptional circumstances of any case, the case is to be heard and determined by more than 1 member. In any such case the chair must designate—

  3. the members who are to hear and determine the case (being not more than 3 members); and
    1. the member who is to be the presiding member for the purposes of the hearing and determination.

      1. Where a case before the Tribunal relates to a refugee or a claimant for refugee status,—

      2. the ex officio member referred to in section 219(1)(c) may hear and be involved in the determination of the case; but
        1. this is in addition to the other member or members of the Tribunal required under subsection (1) or (2).