Immigration Act 2009

Appeals, reviews, and other proceedings - Orders on determination of appeal

211: Effect of successful appeal against liability for deportation

You could also call this:

"What happens if you win an appeal against being deported from New Zealand"

Illustration for Immigration Act 2009

If you appeal against being deported and you win, you are no longer liable for deportation. If you are in prison, an immigration officer must tell the prison manager that you are no longer liable for deportation and you must be released immediately. You will also be told in writing that you are no longer liable for deportation. If you have to live in a certain place or report to an immigration officer under section 315, an immigration officer will tell you that you are no longer liable for deportation and you will not have to follow those rules anymore. You will also be told in writing if you were released on conditions under section 324F that you are no longer liable for deportation and you will not have to follow those conditions anymore. This does not apply if you are a resident or permanent resident and you made a humanitarian appeal, and the Tribunal decides to suspend your liability for deportation under section 212 instead. Nothing in this section affects section 209.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2390001.

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210: Tribunal may order grant of visa on allowing appeal against liability for deportation, or

"Tribunal can grant visa if deportation appeal is successful"


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212: Tribunal may suspend liability for deportation on allowing humanitarian appeal, or

"Winning a humanitarian appeal can pause deportation for up to 5 years"

Part 7Appeals, reviews, and other proceedings
Orders on determination of appeal

211Effect of successful appeal against liability for deportation

  1. If the Tribunal allows an appeal under this Part against liability for deportation, the appellant's liability is cancelled and subsection (2), (3), or (4) applies, as the case may be.

  2. If the appellant is in custody under this Act, an immigration officer must immediately notify, in writing, the manager or other person in charge of the prison or other premises in which the appellant is detained that the appellant's liability for deportation is cancelled, and the appellant must be immediately released.

  3. If the appellant is subject to residence or reporting requirements under section 315, an immigration officer must immediately notify, in writing, the appellant (and, if applicable, his or her guarantor) that the appellant's liability for deportation is cancelled, and the appellant ceases to be subject to those requirements.

  4. If the appellant has been released on conditions under section 324F, an immigration officer must immediately notify, in writing, the appellant that his or her liability for deportation is cancelled, and the appellant ceases to be subject to those conditions.

  5. Subsection (1) applies unless—

  6. the appeal concerned is a humanitarian appeal; and
    1. the appellant is a resident or a permanent resident; and
      1. the Tribunal instead suspends the appellant's liability for deportation under section 212.
        1. Nothing in this section limits section 209.

        Compare
        Notes
        • Section 211(4): amended, on , by section 26 of the Immigration (Fiscal Sustainability and System Integrity) Amendment Act 2025 (2025 No 75)