Plain language law

New Zealand law explained for everyone

Immigration Act 2009

Appeals, reviews, and other proceedings - Procedure for appeals and matters

226: Proceedings on appeal or matter

You could also call this:

“How to present your case and what happens when you appeal to the Tribunal”

When you make an appeal or bring a matter to the Tribunal, you need to do all the work to prove your case. You must give the Tribunal all the information, evidence, and arguments that you want them to think about before they make a decision.

When you lodge an appeal or matter, the Tribunal will usually give a copy of your notice and any information you’ve provided to the chief executive. The chief executive then has to give the Tribunal any files they have that are relevant to your case. The Tribunal will tell the chief executive how long they have to do this.

The Minister, the chief executive, or a refugee and protection officer can also give the Tribunal extra information, evidence, or arguments about your case if they want to. The Tribunal will tell them how long they have to do this.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440945.

Topics:
Immigration and citizenship > Visas
Government and voting > Government departments
Previous

225: How appeal or matter lodged, or

“How to properly submit an appeal or matter to the Immigration and Protection Tribunal”

Next

227: Minister or Department is party to proceedings, or

“The Minister or Department takes part in all legal actions under this law”

Part 7 Appeals, reviews, and other proceedings
Procedure for appeals and matters

226Proceedings on appeal or matter

  1. It is the responsibility of an appellant or affected person to establish his or her case or claim, and the appellant or affected person must ensure that all information, evidence, and submissions that he or she wishes to have considered in support of the appeal or matter are provided to the Tribunal before it makes its decision on the appeal or matter.

  2. Where an appeal or matter is lodged,—

  3. subject to agreement between the Tribunal and the chief executive, the Tribunal must give the chief executive a copy of the notice of appeal or matter and any information, evidence, or submissions lodged by the appellant or affected person; and
    1. the chief executive must, in the time allowed by the Tribunal for the purpose, lodge with the Tribunal any file relevant to the appeal or matter that is held by the Department.

      1. The Minister, the chief executive, or a refugee and protection officer may also, in the time allowed by the Tribunal for the purpose, lodge with the Tribunal any other information, evidence, or submissions in relation to the appeal or matter as he or she thinks fit.

      Compare