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Immigration Act 2009

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

236: Appeals against deportation liability where person serving prison sentence

You could also call this:

“How appeals against deportation work if you're in prison”

If you’re in prison and you’re appealing against being deported, the Tribunal will try to make a decision on your appeal before you’re released. They’ll look at your appeal based on humanitarian grounds as quickly as they can after you lodge it. They’ll aim to do this before your parole eligibility date. If you’re serving a short-term sentence, they’ll try to decide before your statutory release date.

The words “parole eligibility date”, “short-term sentence”, and “statutory release date” have special meanings. You can find out what they mean in section 4 of the Parole Act 2002.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440957.

Topics:
Immigration and citizenship > Visas
Crime and justice > Courts and legal help
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Part 7 Appeals, reviews, and other proceedings
Procedure for appeals and matters

236Appeals against deportation liability where person serving prison sentence

  1. Where a person appealing against his or her liability for deportation is serving a sentence of imprisonment in a prison, the Tribunal must, with a view to determining the appeal before the person’s release, consider and determine any appeal on humanitarian grounds as soon as practicable after the appeal is lodged but before the person’s parole eligibility date or (in the case of a person serving a short-term sentence) before the person’s statutory release date.

  2. In this section, parole eligibility date, short-term sentence, and statutory release date have the meanings given in section 4 of the Parole Act 2002.

Notes
  • Section 236(1): amended, on , by section 69(a) of the Statutes Amendment Act 2019 (2019 No 56).
  • Section 236(1): amended, on , by section 69(b) of the Statutes Amendment Act 2019 (2019 No 56).
  • Section 236(1): amended, on , by section 69(c) of the Statutes Amendment Act 2019 (2019 No 56).