Immigration Act 2009

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

238: Withdrawal of appeal or matter

You could also call this:

“You can withdraw your appeal or other matter at any time”

You can take back your appeal to the Tribunal whenever you want. This means you can decide not to go ahead with it at any time.

If you’ve asked the Tribunal to look at something else, you can also take that back whenever you want.

If you take back your appeal against being deported, the government can give you a deportation order. This means they can make you leave the country.

For all other kinds of appeals, if you take them back, the decision you were appealing against will stay in place. This means the original decision won’t change.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440962.

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Immigration and citizenship > Visas
Immigration and citizenship > Border control
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237: Procedure, or

“How the Tribunal handles cases and makes decisions”


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239: Deemed withdrawal of certain appeals where person leaves New Zealand, or

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

238Withdrawal of appeal or matter

  1. An appeal to the Tribunal may be withdrawn by the appellant at any time.

  2. A matter lodged with the Tribunal may be withdrawn by the applicant at any time.

  3. If a person withdraws an appeal against liability for deportation, the person may be served with a deportation order and the person’s deportation may be executed.

  4. In any other case, if an appeal is withdrawn, the decision appealed against stands.