Immigration Act 2009

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

453: No new appeal rights created

You could also call this:

“No new chances to appeal decisions made under old immigration laws”

This part of the law doesn’t give you any new rights to appeal if you already had a chance to appeal under the old law. It doesn’t matter if you actually made an appeal before or not. You can’t make another appeal about the same issue under the new law.

However, there might be some exceptions to this rule. If another part of this law specifically says you can make a new appeal, then you’re allowed to do so. But unless it’s clearly stated elsewhere, you can’t make a new appeal just because the law has changed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441407.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Government and voting > Government departments

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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”


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454: Arrangements under former Act for disclosure of immigration information, or

“Continuing old agreements for sharing immigration information under the new law”

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

453No new appeal rights created

  1. To avoid doubt, nothing in this Part allows a person who had a right of appeal under the former Act to take a further appeal under this Act in respect of the same matter, whether or not the person did in fact appeal under the former Act.

  2. Subsection (1) is subject to any provision in this subpart that expressly provides otherwise.