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Immigration Act 2009

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

234: Decision on papers in other circumstances

You could also call this:

“How the Tribunal decides appeals without a hearing”

You can have your appeal or matter decided without a hearing in certain situations. If you don’t show up to a hearing that the Tribunal has told you about, and you don’t have a good reason for missing it, the Tribunal can make a decision without hearing from you in person.

For most cases, the Tribunal will make its decision by looking at the papers and documents related to your case. They won’t have a hearing where people speak to them directly. This is how they usually work, except for the situations mentioned in section 233.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440955.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Government and voting > Government departments
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233: When Tribunal must or may provide oral hearing, or

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

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235: Tribunal may issue single decision when appeals or matters heard together, or

“Tribunal can make one decision for multiple appeals heard together”

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

234Decision on papers in other circumstances

  1. Despite section 233, the Tribunal may determine an appeal or matter without an oral hearing if the appellant or affected person fails without reasonable excuse to attend a hearing notified by the Tribunal.

  2. Except as otherwise provided in section 233 (as subject to subsection (1) of this section), the Tribunal must determine an appeal or matter on the papers.