humanitarian appeal
📖 What is humanitarian appeal? Meaning and definition
A humanitarian appeal in New Zealand is a specific type of legal challenge available to individuals who are facing deportation. It is typically lodged by non-residents who have become unlawfully present in New Zealand, for example, after their visa has expired. The core of this appeal is to demonstrate that there are 'exceptional circumstances of a humanitarian nature' that would make it unjust or unduly harsh for the person to be deported.
These circumstances can arise from various personal situations. Examples include significant health issues requiring ongoing treatment in New Zealand, or strong family ties within New Zealand, such as having a New Zealand citizen spouse or children whose best interests would be severely impacted by the appellant's deportation. The Immigration and Protection Tribunal considers these factors carefully.
The Tribunal's role is to weigh these humanitarian circumstances against the public interest. If the Tribunal finds that exceptional humanitarian circumstances exist and that it would not be contrary to the public interest for the appellant to remain, it may allow the appeal. This could lead to the appellant being granted a temporary or resident visa, allowing them to stay in New Zealand.
📋 Requirements
- The appellant is a non-resident facing liability for deportation.
- There are exceptional circumstances of a humanitarian nature.
- Deportation would be unjust or unduly harsh due to these circumstances.
- It would not be contrary to the public interest for the appellant to remain in New Zealand.
📝 Procedure
- The appellant lodges a humanitarian appeal, sometimes alongside other appeals like refugee or protected person appeals.
- The Immigration and Protection Tribunal considers the primary issue of whether exceptional humanitarian circumstances exist.
- The Tribunal assesses if these circumstances would make deportation unjust or unduly harsh.
- The Tribunal also considers whether allowing the appellant to remain would be contrary to the public interest.
- The Tribunal issues a decision, which may allow the appeal and direct a visa be granted, or dismiss the appeal.
💡 Examples
- A 59-year-old non-resident appealed against deportation, arguing that ongoing medical treatment and referrals for injuries sustained in New Zealand constituted exceptional humanitarian circumstances.
- A 28-year-old non-resident appealed deportation, citing the best interests of his New Zealand citizen daughter and wife, and the challenging circumstances he would face if returned to his home country.
- A 55-year-old non-resident lodged a humanitarian appeal after his refugee and protected person appeal was dismissed, seeking to remain in New Zealand due to personal circumstances.
❓ Frequently asked questions
Who can make a humanitarian appeal?
A humanitarian appeal can be made by a non-resident who is facing deportation from New Zealand, typically because they have become unlawfully present in the country.
What kind of circumstances are considered 'humanitarian'?
Humanitarian circumstances often involve serious health issues requiring treatment in New Zealand, or strong family ties to New Zealand citizens, such as a spouse or children, where deportation would cause significant hardship.
What does 'unjust or unduly harsh' mean in this context?
It means that the impact of deportation on the individual, given their specific humanitarian circumstances, would be excessively severe or unfair, going beyond the usual difficulties associated with being deported.
Where is a humanitarian appeal heard?
Humanitarian appeals are heard by the Immigration and Protection Tribunal, which is an independent body that reviews immigration decisions.
Can I appeal if my refugee or protected person appeal is rejected?
Yes, a humanitarian appeal can be considered even if a refugee or protected person appeal has been dismissed, as they address different grounds for remaining in New Zealand.
What is the outcome if a humanitarian appeal is successful?
If successful, the Tribunal may allow the appeal and direct that the appellant be granted a temporary or resident visa, allowing them to remain in New Zealand.