Plain language law

New Zealand law explained for everyone

Immigration Act 2009

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

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

You could also call this:

“Appeals may be cancelled if you leave New Zealand”

If you appeal certain decisions to the Tribunal and then leave New Zealand, your appeal might be considered withdrawn. This applies if you’re appealing because you’ve been told to leave the country, or if you’re appealing a decision about your refugee or protected person status.

There are three types of appeals that are affected by this rule. First, if you’re appealing because you’ve been told to leave New Zealand for specific reasons. Second, if you’re appealing because you weren’t recognised as a refugee or protected person. Third, if you’re appealing because you’re no longer recognised as a refugee or protected person.

However, there’s an exception to this rule. If you’ve been allowed to stay in New Zealand for a while even though you were told to leave, and you leave during this allowed time, your appeal won’t be considered withdrawn.

To decide if you’ve left New Zealand, the Tribunal can use a special document that confirms your departure.

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 It might be out of date or be missing some parts.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=DLM1440963.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Crime and justice > Courts and legal help
Previous

238: Withdrawal of appeal or matter, or

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

Next

240: How proceedings involving classified information to be conducted by Tribunal, or

“Rules for Tribunal members dealing with classified information in immigration cases”

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

239Deemed withdrawal of certain appeals where person leaves New Zealand

  1. A person’s appeal to the Tribunal is deemed to be withdrawn when the person leaves New Zealand if the appeal is—

  2. an appeal against liability for deportation, if the appeal is brought by a person liable for deportation under any of sections 154 to 158, 161, and 162; or
    1. an appeal against a decision to decline recognition as a refugee or a protected person; or
      1. an appeal against a decision to cease to recognise a person as a refugee or a protected person.

        1. Subsection (1) does not apply if—

        2. the person's liability for deportation has been suspended under section 172(2); and
          1. the person leaves New Zealand during the suspension period.

            1. In determining whether a person has left New Zealand, the Tribunal may rely on a certificate made under section 366(2)(17).