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Immigration Act 2009

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

247: Special provisions relating to judicial review

You could also call this:

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

If you want to challenge a decision made under this law, you must start your review within 28 days of being told about the decision. However, there are two exceptions to this rule. The High Court might give you more time if there are special reasons. Or, if you need permission to start your review, different rules apply.

The term “statutory power of decision” in this law means the same thing as it does in section 4 of the Judicial Review Procedure Act 2016.

You can still challenge the rules made under this law at any time if you think they’re not valid. There’s no time limit for that kind of challenge.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440979.

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

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

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248: Minister, chief executive, or refugee and protection officer may be respondent in review proceedings relating to Tribunal decision, or

“Officials can respond to challenges against Tribunal decisions”

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

247Special provisions relating to judicial review

  1. Any review proceedings in respect of a statutory power of decision arising out of or under this Act must be commenced not later than 28 days after the date on which the person concerned is notified of the decision, unless—

  2. the High Court decides that, by reason of special circumstances, further time should be allowed; or
    1. leave is required, under section 249(3), before proceedings may be commenced (in which case section 249(4) applies).

      1. Repealed

      2. In this section, statutory power of decision has the same meaning as in section 4 of the Judicial Review Procedure Act 2016.

      3. Nothing in this section limits the time for bringing review proceedings challenging the vires of any regulations made under this Act.

      Compare
      Notes
      • Section 247(1): replaced, on , by section 62 of the Immigration Amendment Act 2015 (2015 No 48).
      • Section 247(2): repealed, on , by section 62 of the Immigration Amendment Act 2015 (2015 No 48).
      • Section 247(3): amended, on , by section 24 of the Judicial Review Procedure Act 2016 (2016 No 50).