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Immigration Act 2009

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

233: When Tribunal must or may provide oral hearing

You could also call this:

“When you can speak to the Immigration Tribunal in person”

The Tribunal is a group that makes decisions about immigration. Here’s what you need to know about when they will or might give you a chance to speak to them in person:

You will always get to speak to the Tribunal in person if you live in New Zealand permanently or for a long time, and someone wants to make you leave the country.

For other cases where someone wants to make you leave New Zealand, the Tribunal might let you speak to them in person, but it’s up to them to decide.

If you’re someone who is asking for protection in New Zealand because you’re in danger in your home country, or if you’ve been given this protection before, you will usually get to speak to the Tribunal in person. But there are two times when you might not get this chance:

  1. If you’ve already talked to an officer about your case and told them everything, or if you were given a chance to talk but didn’t take it.

  2. If the Tribunal thinks your case is clearly not true or you’re just trying to waste their time, or if you’re asking for protection again after already being turned down.

If you’re asking for protection again after being turned down before, the Tribunal might still let you speak to them in person, but it’s their choice.

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 It might be out of date or be missing some parts.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=DLM1440954.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
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“Tribunal can ask for physical identification information”

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

233When Tribunal must or may provide oral hearing

  1. The Tribunal must provide an oral hearing in the case of an appeal against liability for deportation by a resident or permanent resident.

  2. The Tribunal may, in its absolute discretion, provide an oral hearing in any other appeal against liability for deportation.

  3. The Tribunal must provide an oral hearing in the case of an appellant or affected person currently or previously recognised as a refugee or a protected person, or a claimant for such recognition, unless—

  4. the person was interviewed by a refugee and protection officer (or a refugee status officer under the former Act) in the course of determining the relevant issue at first instance or, having been given an opportunity to be interviewed, failed to take that opportunity; and
    1. the Tribunal considers that the appeal or other contention of the person—
      1. is prima facie manifestly unfounded or clearly abusive; or
        1. relates to a subsequent claim for refugee or protection status.

        2. The Tribunal may, in its absolute discretion, provide an oral hearing in the case of an appeal that relates to a subsequent claim for refugee or protection status.

        Notes
        • Section 233: replaced, on , by section 9 of the Immigration Amendment Act 2013 (2013 No 39).