humanitarian appeals
📖 What is humanitarian appeals? Meaning and definition
In New Zealand immigration law, a humanitarian appeal is a specific type of appeal made to the Immigration and Protection Tribunal. It is typically lodged by individuals facing deportation, often after they have become unlawfully present in New Zealand or after their refugee and protected person appeals have been dismissed. The core purpose of such an appeal is to argue that their deportation would be unjust or unduly harsh due to unique and compelling humanitarian circumstances.
The central issue in these appeals is whether there are 'exceptional circumstances of a humanitarian nature' that warrant allowing the individual to remain in New Zealand. These circumstances can involve significant personal trauma, such as psychological trauma from past events, or the risk of serious harm if returned to their home country. The Tribunal carefully considers all evidence and submissions provided, which may include evidence initially presented for other appeals.
If a humanitarian appeal is successful, the Tribunal may direct a specific outcome, such as the grant of a temporary visa, like a 12-month work visa, rather than immediate deportation. However, if the Tribunal finds that the alleged risks or circumstances are not sufficiently exceptional or are speculative, the appeal will be dismissed, and the individual's liability for deportation will stand. These appeals are a crucial avenue for individuals seeking to remain in New Zealand on compassionate grounds.
📋 Requirements
- The appellant must be facing liability for deportation from New Zealand.
- There must be exceptional circumstances of a humanitarian nature.
- These circumstances must make it unjust or unduly harsh for the appellant to be deported.
- Evidence supporting the humanitarian claim must be presented to the Tribunal.
📝 Procedure
- The appellant lodges a humanitarian appeal, sometimes concurrently with refugee and protected person appeals.
- The Tribunal considers the evidence and submissions provided by the appellant and respondent.
- The Tribunal assesses whether exceptional circumstances of a humanitarian nature exist.
- If successful, the Tribunal may direct a specific outcome, such as granting a temporary visa.
- If unsuccessful, the appeal is dismissed, and deportation liability remains.
💡 Examples
- A 25-year-old woman, unlawfully in New Zealand, appeals her deportation due to psychological trauma from her mother's physical beating, arguing it would be unduly harsh to deport her.
- A family appeals deportation, presenting evidence that the husband faces serious harm, including abduction and assault, if forced to return to his home country.
- An individual whose refugee and protected person appeal was dismissed then pursues a humanitarian appeal, arguing that relocation within their home country is not a safe option due to ongoing threats.
- A person argues that their deportation would be unjust because they would be forced to return to a country where they were targeted for extortion and subjected to threats and assaults.
📚 Legal basis
- Ye v Minister of Immigration [2009] NZSC 76
❓ Frequently asked questions
Who can make a humanitarian appeal?
A humanitarian appeal can be made by individuals who are facing deportation from New Zealand, often after becoming unlawfully present or after other appeals have been unsuccessful.
What kind of circumstances are considered 'humanitarian'?
Humanitarian circumstances are exceptional situations that would make deportation unjust or unduly harsh, such as severe psychological trauma, risk of serious harm in the home country, or other compelling compassionate grounds.
What happens if my humanitarian appeal is successful?
If your appeal is successful, the Immigration and Protection Tribunal may direct that you be granted a temporary visa, such as a 12-month work visa, allowing you to remain in New Zealand for a period.
Can I lodge a humanitarian appeal at the same time as other appeals?
Yes, humanitarian appeals can be lodged concurrently with other appeals, such as refugee and protected person appeals, with the evidence often forming the basis for both.
What if the Tribunal finds my reasons for appeal are not strong enough?
If the Tribunal finds that the circumstances are not sufficiently exceptional or are speculative, your humanitarian appeal will be dismissed, and your liability for deportation will remain.
Do I need a lawyer for a humanitarian appeal?
While self-representation is possible, humanitarian appeals often involve complex legal arguments and detailed evidence. Consulting with a qualified immigration lawyer is highly recommended to ensure your case is presented effectively.