Plain language law

New Zealand law explained for everyone

Immigration Act 2009

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

449: Persons eligible to appeal to Refugee Status Appeals Authority before former Act repealed

You could also call this:

“Who can still appeal refugee status decisions under old rules after law change”

This law is about people who could appeal to the Refugee Status Appeals Authority before the old law was replaced. If you were able to appeal before the new law started, you can still do so even after the new law begins. You need to follow the old law’s time limits for making your appeal. However, the new Tribunal will decide your case as if it were an appeal under the new law.

If your appeal is about a refugee status officer’s decision not to look at a new claim because your home country hasn’t changed enough, the Tribunal will use the old law to make its decision. The Tribunal will have the same powers as the old Refugee Status Appeals Authority for this purpose. If the Tribunal decides your new claim should be considered, they will then treat it like an appeal under the new law.

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 It might be out of date or be missing some parts.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=DLM1441404.

Topics:
Immigration and citizenship > Visas
Government and voting > Government departments
Previous

448: Appeals and matters not determined by Refugee Status Appeals Authority before former Act repealed, or

“Handling unfinished refugee appeals after law change”

Next

450: Appeals not determined by court before former Act repealed, or

“Old law applies to appeals started before new law, with court deciding outcomes”

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

449Persons eligible to appeal to Refugee Status Appeals Authority before former Act repealed

  1. Subsection (2) applies to a person if,—

  2. immediately before the commencement of section 404 of this Act, the person was eligible to appeal to the Refugee Status Appeals Authority under the former Act; and
    1. the person exercises the right on or after the date of that commencement.

      1. Despite section 404 of this Act, the person's appeal must be—

      2. lodged in accordance with the time frames specified for an appeal of that type under the former Act; but
        1. determined by the Tribunal as if it were an appeal to the Tribunal under section 194(1) or 195, as the case may be.

          1. Subsection (2) is subject to subsection (4).

          2. If the person's appeal is in respect of a decision by a refugee status officer to refuse to consider a subsequent claim (within the meaning of section 129B of the former Act) on the grounds that the circumstances in the person's home country have not changed to such an extent that the subsequent claim is based on significantly different grounds to a previous claim, the Tribunal must determine the appeal in accordance with the relevant provisions of the former Act and, for that purpose, the Tribunal is, in addition to its powers and functions under this Act, deemed to have all the necessary powers and functions of the Refugee Status Appeals Authority. However, if the Tribunal determines that the subsequent claim should be considered, the Tribunal must then determine the matter as if it were an appeal to the Tribunal under section 194(1)(c) of this Act.