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446: Appeals not determined by appeals body (other than Refugee Status Appeals Authority) before former Act repealed
or “Handling unfinished immigration appeals from the old law”

You could also call this:

“Appeals for those eligible under the old Immigration Act before it was replaced”

If you were eligible to appeal to an appeals body (except the Refugee Status Appeals Authority) under the old Immigration Act before it was repealed, but you haven’t made your appeal yet, this is what you need to know.

You must lodge your appeal within the time limits set by the old Act. The Immigration and Protection Tribunal will handle your appeal using the rules from the old Act. The Tribunal will have all the powers that the old appeals body had.

After your appeal is finished, if you’re entitled to a visa or permit under the old Act, you’ll get a matching visa under the new Act. Here’s how it works:

If you were to get a residence visa under the old Act, you’ll now get a resident visa that lets you travel to New Zealand. If you were to get a residence permit, you’ll now get a resident visa that lets you stay in New Zealand. If you were to get a temporary permit, you’ll now get a temporary visa.

Remember, these rules are there to make sure you don’t lose your right to appeal just because the law changed. The Tribunal will treat your case as if the old law still applied, even though they’re using the new system to do it.

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Next up: 448: Appeals and matters not determined by Refugee Status Appeals Authority before former Act repealed

or “Handling unfinished refugee appeals after law change”

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

447Persons eligible to appeal to appeals body (other than Refugee Status Appeals Authority) before former Act repealed

  1. This section applies to any appeal by a person who,—

  2. immediately before the commencement of section 404 of this Act, was eligible to appeal to an appeals body (other than the Refugee Status Appeals Authority) under the former Act; and
    1. has not yet lodged an appeal.
      1. Despite section 404 of this Act,—

      2. the person must lodge the appeal in accordance with the time frames specified for an appeal of that type under the former Act; and
        1. the appeal must be determined by the Tribunal in accordance with the relevant provisions of the former Act; and
          1. for that purpose, the Tribunal is deemed to have all the necessary powers and functions of the appeals body under the former Act.
            1. If, on completion of the appeal, the person concerned is entitled, under the former Act, to be issued with a visa or granted a permit of a type described in the first column of the following table, the person must be granted a visa under this Act of the corresponding type described in the second column of the following table:

              The following table is small in size and has 2 columns. Column 1 is headed Visa to be issued or permit to be granted under former Act. Column 2 is headed Visa to be granted under this Act.
              Visa to be issued or permit to be granted under former Act Visa to be granted under this Act
              Residence visa Resident visa allowing travel to New Zealand
              Residence permit Resident visa allowing stay in New Zealand
              Temporary permit Temporary visa