Immigration Act 2009

Sections and provisions with full text and the judgments that cite each one.

Section 216 — Tribunal may make order delaying deportation if appeal unsuccessful

216 Tribunal may make order delaying deportation if appeal unsuccessful (1) On declining an appeal against liability for deportation, if the Tribunal considers it necessary to enable the appellant to…

Section 217 — Immigration and Protection Tribunal

217 Immigration and Protection Tribunal (1) For the purposes of this Act there is a tribunal called the Immigration and Protection Tribunal. (2) The functions of the Tribunal are— (a) to determine…

Section 218 — Nature of Tribunal

218 Nature of Tribunal (1) The Tribunal is a specialist body that has the role of deciding appeals and matters by making findings of fact, applying the relevant law, and making a determination. (2)…

Section 219 — Membership of Tribunal

219 Membership of Tribunal (1) The Tribunal consists of— (a) a chair, being a District Court Judge: (b) such other members as may be appointed under subsection (3), being lawyers who have held a…

Section 220 — Role of chair of Tribunal

220 Role of chair of Tribunal (1) In addition to deciding appeals and matters in the Tribunal, the chair of the Tribunal is responsible for— (a) making such arrangements as are practicable to ensure…

Section 221 — Exercise of jurisdiction

221 Exercise of jurisdiction (1) For the purpose of any appeal or matter in its jurisdiction, the Tribunal consists of 1 member, except as provided in this section. (2) The chair of the Tribunal may…

Section 222 — Procedure for determining appeals and matters generally

222 Procedure for determining appeals and matters generally (1) The Tribunal must determine an appeal or matter with all reasonable speed. (2) The chair of the Tribunal may decide the order in which…

Section 223 — Chair to ensure appeals and matters heard expeditiously

223 Chair to ensure appeals and matters heard expeditiously (1) The chair of the Tribunal must make such directions as are necessary to ensure that appeals and matters are heard in an orderly and…

Section 224 — Tribunal may dismiss frivolous or vexatious appeal

224 Tribunal may dismiss frivolous or vexatious appeal The Tribunal may at any time dismiss an appeal that it is satisfied is frivolous or vexatious.

Section 225 — How appeal or matter lodged

225 How appeal or matter lodged (1) An appeal or matter must be lodged in the prescribed manner and be accompanied by the prescribed fee (if any). (2) The appellant or affected person must— (a)…

Section 226 — Proceedings on appeal or matter

226 Proceedings on appeal or matter (1) It is the responsibility of an appellant or affected person to establish his or her case or claim, and the appellant or affected person must ensure that all…

Section 227 — Minister or Department is party to proceedings

227 Minister or Department is party to proceedings The Minister, the chief executive, or a refugee and protection officer, as the case may be, is a party to any proceedings under this Act, including…

Section 228 — Information Tribunal may consider

228 Information Tribunal may consider (1) When considering an appeal or a matter, the Tribunal may seek information from any source. (2) However, the Tribunal is not obliged to seek any information,…

Section 229 — Tribunal may require chief executive to provide information

229 Tribunal may require chief executive to provide information (1) The Tribunal may require the chief executive to seek and provide information relevant to an appeal or matter, and the chief…

Section 230 — Tribunal must disclose prejudicial information

230 Tribunal must disclose prejudicial information (1) Except as provided in subsection (3), the Tribunal must disclose to the appellant or affected person, and give the appellant or affected person…

Section 231 — Findings of credibility and fact

231 Findings of credibility and fact (1) On any appeal or matter, the Tribunal may rely on any finding of credibility or fact— (a) by the Tribunal in any previous appeal or matter determined by the…

Section 232 — Tribunal may require provision of biometric information

232 Tribunal may require provision of biometric information For the purposes of assisting the Tribunal to determine an appeal or matter, the Tribunal may require the appellant or affected person to…

Section 233 — When Tribunal must or may provide oral hearing

233 When Tribunal must or may provide oral hearing (1) The Tribunal must provide an oral hearing in the case of an appeal against liability for deportation by a resident or permanent resident. (2)…

Section 234 — Decision on papers in other circumstances

234 Decision on papers in other circumstances (1) Despite section 233 , the Tribunal may determine an appeal or matter without an oral hearing if the appellant or affected person fails without…

Section 235 — Tribunal may issue single decision when appeals or matters heard together

235 Tribunal may issue single decision when appeals or matters heard together In any proceedings in which more than 1 appeal or matter is heard together, the Tribunal may issue a single decision in…

Section 236 — Appeals against deportation liability where person serving prison sentence

236 Appeals against deportation liability where person serving prison sentence (1) Where a person appealing against his or her liability for deportation is serving a sentence of imprisonment in a…

Section 237 — Procedure

237 Procedure Schedule 2 applies in relation to the proceedings of the Tribunal.

Section 238 — Withdrawal of appeal or matter

238 Withdrawal of appeal or matter (1) An appeal to the Tribunal may be withdrawn by the appellant at any time. (2) A matter lodged with the Tribunal may be withdrawn by the applicant at any time.…

Section 239 — 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…

Section 240 — How proceedings involving classified information to be conducted by Tribunal

240 How proceedings involving classified information to be conducted by Tribunal (1) If proceedings before the Tribunal involve classified information, the Tribunal must consist of— (a) the chair of…

Section 241 — Presentation of classified information to Tribunal

241 Presentation of classified information to Tribunal (1) The Tribunal must be given access to classified information that— (a) was relied on to make a decision that is on appeal to the Tribunal; or…

Section 242 — Tribunal to approve summary of allegations

242 Tribunal to approve summary of allegations (1) The purpose of this section is to give an appellant or affected person an opportunity to comment on potentially prejudicial information in the…

Section 243 — Matters to be considered by Tribunal

243 Matters to be considered by Tribunal (1) Where proceedings involve classified information, the Tribunal must determine the following matters: (a) whether the classified information is relevant to…

Section 244 — Tribunal may require mixture of closed and open hearings

244 Tribunal may require mixture of closed and open hearings In any oral hearing for proceedings involving classified information, the Tribunal may require a mixture of— (a) closed hearings for those…

Section 245 — Appeal to High Court on point of law by leave

245 Appeal to High Court on point of law by leave (1) Where any party to an appeal to, or matter before, the Tribunal (being either the person who appealed or applied to the Tribunal, an affected…

Section 246 — Appeal to Court of Appeal on point of law by leave

246 Appeal to Court of Appeal on point of law by leave (1) Any party to an appeal under section 245 who is dissatisfied with any determination of the High Court in the proceedings as being erroneous…

Section 247 — Special provisions relating to judicial review

247 Special provisions relating to judicial review (1) Any review proceedings in respect of a statutory power of decision arising out of or under this Act must be commenced not later than 28 days…

Section 248 — Minister, chief executive, or refugee and protection officer may be respondent in review proceedings relating to Tribunal decision

248 Minister, chief executive, or refugee and protection officer may be respondent in review proceedings relating to Tribunal decision The Minister, the chief executive, or a refugee and protection…

Section 249 — Restriction on review

249 Restriction on review (1) No review proceedings may be brought in any court in respect of a decision if the decision, or the effect of the decision, may be subject to an appeal to the Tribunal…

Section 250 — Certain appeals and review proceedings to be treated as priority fixture

250 Certain appeals and review proceedings to be treated as priority fixture All courts must hear and determine any appeal or review proceedings relating to the following persons as if the appeal or…

Section 251 — Relationship with Judicature Act 1908 and Supreme Court Act 2003

251 Relationship with Judicature Act 1908 and Supreme Court Act 2003 The Judicature Act 1908 and the Supreme Court Act 2003 are subject to sections 247 , 248 , 249 , 250 , and 262 .

Section 252 — Proceedings involving classified information may be heard only by nominated Judge

252 Proceedings involving classified information may be heard only by nominated Judge (1) Where proceedings involving classified information are to be heard by the High Court, the proceedings must be…

Section 253 — Appeal to High Court or review proceedings involving classified information

253 Appeal to High Court or review proceedings involving classified information (1) This section applies where an appeal or review proceedings in the High Court involve classified information. (2)…

Section 254 — Appeal to Court of Appeal or Supreme Court involving classified information

254 Appeal to Court of Appeal or Supreme Court involving classified information (1) This section applies where classified information is relied on in a decision (whether on appeal, review, or…

Section 255 — Appeal period where decision involving classified information to be appealed to Court of Appeal or Supreme Court

255 Appeal period where decision involving classified information to be appealed to Court of Appeal or Supreme Court Where any decision on any appeal or review or other proceedings involving…