Plain language law

New Zealand law explained for everyone

Immigration Act 2009

Appeals, reviews, and other proceedings - Appeal from Tribunal and judicial review

246: Appeal to Court of Appeal on point of law by leave

You could also call this:

“You can ask to appeal a High Court immigration decision to the Court of Appeal”

If you’re unhappy with a decision made by the High Court about your immigration appeal because you think they made a mistake about the law, you can ask for permission to take your case to the Court of Appeal. You need to get permission either from the High Court or, if they say no, from the Court of Appeal itself.

When deciding whether to let you appeal, the court will think about how important your question of law is. They’ll consider if it’s a big issue that affects lots of people or if there’s another good reason why the Court of Appeal should look at it.

If the court says yes to your appeal, they might add some conditions. For example, they might say something about who has to pay for the appeal.

Your appeal will follow the rules of the court, but these rules might be changed a bit to fit with the Immigration Act. There might also be some special practices and procedures that have been created just for immigration appeals.

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 It might be out of date or be missing some parts.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=DLM1440978.

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

245: Appeal to High Court on point of law by leave, or

“You can ask the High Court for permission to appeal a Tribunal decision on a legal issue”

Next

247: Special provisions relating to judicial review, or

“Rules for challenging decisions made under this law in court”

Part 7 Appeals, reviews, and other proceedings
Appeal from Tribunal and judicial review

246Appeal to Court of Appeal on point of law by leave

  1. Any party to an appeal under section 245 who is dissatisfied with any determination of the High Court in the proceedings as being erroneous in point of law may, with the leave of that court (or, if the High Court refuses leave, with the leave of the Court of Appeal), appeal to the Court of Appeal. Section 56 of the Senior Courts Act 2016 applies to any such appeal.

  2. In determining whether to grant leave to appeal under this section, the court to which the application for leave is made must have regard to whether the question of law involved in the appeal is one that by reason of its general or public importance or for any other reason ought to be submitted to the Court of Appeal for its decision.

  3. The court granting leave under this section may in its discretion impose such conditions as it thinks fit, whether as to costs or otherwise.

  4. Every appeal under this section must be dealt with in accordance with the rules of the court, with any modifications necessary to reflect the provisions of this Act, including any ancillary general practices and procedures developed under section 260.

Compare
Notes
  • Section 246(1): amended, on , by section 183(b) of the Senior Courts Act 2016 (2016 No 48).