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Immigration Act 2009

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

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

You could also call this:

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

You can appeal to the Court of Appeal if you’re not happy with the High Court’s decision on a judicial review. This applies to judicial reviews that were allowed under section 249(3).

To appeal, you need to get permission from the High Court first. If the High Court says no, you can ask the Court of Appeal for permission instead. When you appeal, Section 56 of the Senior Courts Act 2016 will apply to your case.

When deciding whether to let you appeal, the court will think about how important the issue is. They’ll consider if it’s a matter of general or public importance, or if there’s any other reason why the Court of Appeal should look at it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6471308.

Topics:
Crime and justice > Courts and legal help
Immigration and citizenship > Visas
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249A: Applications for appeal and judicial review of Tribunal decision to be lodged together, or

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

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250: Certain appeals and review proceedings to be treated as priority fixture, or

“Courts will prioritise immigration appeals and reviews for non-citizens”

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

249BAppeal to Court of Appeal against judicial review of matters within Tribunal’s jurisdiction

  1. This section applies in respect of judicial review proceedings for which leave was granted under section 249(3).

  2. Any party to the proceedings who is dissatisfied with any determination of the High Court in the proceedings may, with the leave of the High Court (or, if the High Court refuses leave, with the leave of the Court of Appeal), appeal to the Court of Appeal. Section 56 of the Senior Courts Act 2016 applies to any such appeal.

  3. In determining whether to grant leave to appeal under this section, the court to which the application for leave is made must have regard to whether the issue involved in the appeal is one that, by reason of its general or public importance or for any other reason, ought to be submitted to the Court of Appeal for its decision.

Notes
  • Section 249B: inserted, on , by section 63 of the Immigration Amendment Act 2015 (2015 No 48).
  • Section 249B(2): amended, on , by section 183(b) of the Senior Courts Act 2016 (2016 No 48).