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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

451: Persons eligible to appeal to court before former Act repealed

You could also call this:

“Who can still appeal to court under the old immigration law”

If you were allowed to appeal to a court under the old law just before the new law started, you can still make that appeal. You need to follow the old rules about when to make the appeal. The court will use the old rules to decide your case.

When the court finishes looking at your appeal, it can do a few things. It can change the decision, agree with it, or make a new decision. The court can also send the case back to the Tribunal with its opinion and instructions on what to do next. The court can also make any other order it thinks is right.

If the court sends the case back to the Tribunal, the Tribunal will deal with it in the same way as other cases under the new law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441406.

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450: Appeals not determined by court before former Act repealed, or

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

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452: Appeals against, or review proceedings in respect of, Tribunal decisions under this subpart to be made under Part 7, or

“How to challenge Tribunal decisions made under this part of the Act”

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

451Persons eligible to appeal to court before former Act repealed

  1. Subsection (2) applies if, immediately before the commencement of section 404 of this Act, a person was eligible to appeal under the former Act to a court.

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

  3. lodged in accordance with the time frames specified for an appeal of that type under the former Act; and
    1. determined by the court in accordance with the relevant provisions of the former Act.

      1. On completion of the appeal the court may do 1 or more of the following things:

      2. reverse, confirm, or amend the decision in respect of which the appeal was brought:
        1. remit the matter to the Tribunal with the court's opinion together with any directions on how the appeal should be dealt with:
          1. make any other order in relation to the matter as it thinks fit.

            1. If the matter is remitted to the Tribunal, the Tribunal must deal with it in the same way as a matter of the same type is dealt with under this Part.