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Immigration Act 2009

Appeals, reviews, and other proceedings - Immigration and Protection Tribunal

224AA: Tribunal may strike out, determine, or adjourn appeal

You could also call this:

“Tribunal can end, decide on, or postpone your immigration appeal”

The Immigration and Protection Tribunal can make decisions about your appeal in different ways. If your appeal doesn’t have a good reason, might cause problems or delays, is silly or annoying, or misuses the system, the Tribunal can stop it completely or in part.

If you or someone speaking for you don’t show up at the hearing, the Tribunal can do a few things. They might stop your appeal if you were supposed to be there. They could also decide about your appeal without you being there. Or, they might choose to move the hearing to a different day.

These rules help the Tribunal manage appeals and make sure they’re fair and useful.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS138892.

Topics:
Immigration and citizenship > Visas
Crime and justice > Courts and legal help
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Part 7 Appeals, reviews, and other proceedings
Immigration and Protection Tribunal

224AATribunal may strike out, determine, or adjourn appeal

  1. The Tribunal may strike out, in whole or in part, a proceeding if satisfied that it—

  2. discloses no reasonable cause of action; or
    1. is likely to cause prejudice or delay; or
      1. is frivolous or vexatious; or
        1. is otherwise an abuse of process.

          1. If a party is neither present nor represented at the hearing of a proceeding, the Tribunal may,—

          2. if the party is required to be present, strike out the proceeding; or
            1. determine the proceeding in the absence of the party; or
              1. adjourn the hearing.

                Notes
                • Section 224AA: inserted, on , by section 103 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).