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 deportation”

If you win an appeal against being deported, your deportation order is cancelled. This means a few things can happen:

If you’re in custody because of this deportation order, an immigration officer must tell the person in charge of where you’re being held that you’re no longer going to be deported. They must let you go right away.

If you had to live in a certain place or report to someone because of the deportation order, an immigration officer must tell you (and anyone who guaranteed for you) that you don’t have to do this anymore.

If you were let out but had to follow certain rules, an immigration officer must tell you that you don’t have to follow these rules anymore.

However, there’s an exception to this. If your appeal was for humanitarian reasons, and you’re a resident or permanent resident, the Tribunal might decide to pause your deportation instead of cancelling it completely.

This law is connected to other parts of the Immigration Act, so there might be more details in other sections that are important too.

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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.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Crime and justice > Courts and legal help

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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 7 Appeals, 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 320, 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.

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