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Immigration Act 2009

Repeals, transitional provisions, saving provisions, and related matters - Transitional and savings provisions - Appeals and other matters in relation to appellate bodies

446: Appeals not determined by appeals body (other than Refugee Status Appeals Authority) before former Act repealed

You could also call this:

“Handling unfinished immigration appeals from the old law”

If you made an appeal under the old immigration law, but it wasn’t decided before the new law started, this is what happens to your appeal:

The Immigration and Protection Tribunal will look at your appeal using the old law. They will act like they have all the powers of the old appeals group.

If the Deportation Review Tribunal was already going to hear your appeal, the same three people will finish it. They’ll be treated as if they’re part of the new Tribunal.

If one person from an appeals group (not the Deportation Review Tribunal) was already looking at your appeal, that same person will finish it. They’ll be treated as if they’re part of the new Tribunal.

If no one had started looking at your appeal yet, someone from the new Tribunal will decide on it.

The person in charge of the Tribunal can change these rules if they need to.

After your appeal is finished, if you should get a visa or permit under the old law, you’ll get a similar visa under the new law. For example, if you would have got a residence permit, you’ll now get a resident visa that lets you stay in New Zealand.

This doesn’t apply to appeals about refugee status. Those appeals are handled differently.

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 It might be out of date or be missing some parts.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=DLM1441401.

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445: Persons eligible for reconsideration before former Act repealed, or

“Who can ask for a second look at their denied temporary permit request”

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447: Persons eligible to appeal to appeals body (other than Refugee Status Appeals Authority) before former Act repealed, or

“Appeals for those eligible under the old Immigration Act before it was replaced”

Part 12 Repeals, transitional provisions, saving provisions, and related matters
Transitional and savings provisions: Appeals and other matters in relation to appellate bodies

446Appeals not determined by appeals body (other than Refugee Status Appeals Authority) before former Act repealed

  1. This section applies to any appeal—

  2. lodged with an appeals body under the former Act (except an appeal lodged with the Refugee Status Appeals Authority); but
    1. not determined before the commencement of section 404 of this Act.

      1. Despite section 404 of this Act,—

      2. an appeal must be determined by the Tribunal in accordance with the relevant provisions of the former Act; and
        1. for that purpose, the Tribunal is deemed to have all the necessary powers and functions of the appeals body under the former Act.

          1. If the appeal has already been set down for hearing by the Deportation Review Tribunal, the matter must be completed by its 3 members (and, for this purpose only, the members are deemed to be members of the Tribunal and each have all the powers and functions of a member of the Tribunal that are necessary to determine the appeal).

          2. If the appeal has already been allocated to a member of an appeals body (other than the Deportation Review Tribunal), the matter must be completed by that member (and, for this purpose only, the member is deemed to be a member of the Tribunal and has all the powers and functions of a member of the Tribunal that are necessary to determine the appeal).

          3. If the appeal has not been set down for hearing by the Deportation Review Tribunal or allocated to a member of an appeals body (other than the Deportation Review Tribunal), the appeal must be determined by a member of the Tribunal.

          4. Subsections (3), (4), and (5) apply unless the chair of the Tribunal determines otherwise.

          5. If, on completion of the appeal, the person concerned is entitled, under the former Act, to be issued with a visa or granted a permit of a type described in the first column of the following table, the person must be granted a visa under this Act of the corresponding type described in the second column of the following table:

            The following table is small in size and has 2 columns. Column 1 is headed Visa to be issued or permit to be granted under former Act. Column 2 is headed Visa to be granted under this Act.
            Visa to be issued or permit to be granted under former Act Visa to be granted under this Act
            Residence visa Resident visa allowing travel to New Zealand
            Residence permit Resident visa allowing stay in New Zealand
            Temporary permit Temporary visa