Section 239 — Immigration Act 2009: Deemed withdrawal of certain appeals where person leaves New Zealand

239 Deemed withdrawal of certain appeals where person leaves New Zealand (1) A person’s appeal to the Tribunal is deemed to be withdrawn when the person leaves New Zealand if the appeal is— (a) an appeal against liability for deportation, if the appeal is brought by a person liable for deportation under any of sections 154 to 158 , 161 , and 162 ; or (b) an appeal against a decision to decline recognition as a refugee or a protected person; or (c) an appeal against a decision to cease to recognise a person as a refugee or a protected person. (2) Subsection (1) does not apply if— (a) the person's liability for deportation has been suspended under section 172(2) ; and (b) the person leaves New Zealand during the suspension period. (3) In determining whether a person has left New Zealand, the Tribunal may rely on a certificate made under section 366(2)(17) .