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Immigration Act 2009

Appeals, reviews, and other proceedings - Appeal from Tribunal and judicial review

249A: Applications for appeal and judicial review of Tribunal decision to be lodged together

You could also call this:

“Rules for challenging Tribunal decisions through appeal and judicial review”

If you want to challenge a decision made by the Tribunal under this Act, you have two options. You can appeal against the decision or ask for a judicial review. If you plan to do both, you need to follow some special rules.

You must submit your request for permission to appeal and your request for permission to have a judicial review at the same time. If you get permission for both, you need to submit your appeal and your application for judicial review together.

The High Court will try to make decisions on both of your requests for permission at the same time. If they give you permission for both, they will try to hear your appeal and your judicial review together. The only time they won’t do this is if it’s not practical in your specific case.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6471307.

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249: Restriction on judicial review of matters within Tribunal’s jurisdiction, or

“Legal limits on challenging Immigration Tribunal decisions in court”

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249B: Appeal to Court of Appeal against judicial review of matters within Tribunal’s jurisdiction, or

“Appealing to a higher court if you disagree with a judicial review decision”

Part 7 Appeals, reviews, and other proceedings
Appeal from Tribunal and judicial review

249AApplications for appeal and judicial review of Tribunal decision to be lodged together

  1. This section applies if a person intends to both appeal against a determination of the Tribunal under this Act and bring review proceedings in respect of that same decision.

  2. The person must—

  3. lodge the application for leave to appeal and the application for leave to bring review proceedings together; and
    1. if both applications for leave are granted, lodge the application for appeal and the application for judicial review together.

      1. The High Court must, unless it considers it impracticable in the particular circumstances of the case to do so,—

      2. endeavour to determine both applications for leave together; and
        1. if both applications for leave are granted, endeavour to hear the appeal and the review proceedings together.

          Notes
          • Section 249A: inserted, on , by section 63 of the Immigration Amendment Act 2015 (2015 No 48).