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How to appeal

How to appeal page

You may obtain an appeal form from the Tribunal, or you may download the relevant appeal form below and deliver your appeal in person or by courier, together with your lodgement fee (if applicable), during the office hours of 9.00am to 4.30pm, Monday to Friday at:

Immigration and Protection Tribunal
Specialist Courts and Tribunals Centre
Level 1, Chorus House
41 Federal Street
Auckland CBD
Auckland 1010

Or send your completed appeal form by post, together with your lodgement fee (if applicable), to:

Immigration and Protection Tribunal
DX EX 11086
Auckland
New Zealand

Make sure you complete the correct form for the type of appeal you are making.

Appeal forms

Form 1: Notice of Appeal - Residence Class Visa Appeal (PDF, 888 KB)

Use this Notice of Appeal form if you want to appeal to the Tribunal against a decision by Immigration New Zealand or the Minister of Immigration:

    • Declining your residence class visa application, or
    • Cancelling your resident visa, or
    • Refusing to grant you (a resident visa holder) entry permission into New Zealand.

Form 2: Notice of Appeal - Refugee and Protection Status Appeal (PDF, 867 KB)

Use this Notice of Appeal form if you want to appeal to the Immigration and Protection Tribunal against a refugee and protection officer’s decision to:

    • Decline your claim for refugee or protected person status.
    • Decline to accept for consideration your claim for recognition as a refugee or protected person.
    • Cancel or cease your recognition as a refugee or protected person.
    • Refuse to consider your subsequent claim for refugee or protected person status.

Form 3: Notice of Appeal - Deportation Appeal by a Resident/Permanent Resident (PDF, 1.0 MB)

Use this Notice of Appeal form if you are a resident or permanent resident and would like to appeal to the Tribunal against your liability for deportation.

Form 4: Notice of Appeal - Deportation Appeal (Cancelled Refugee and/or Protection Status) (PDF, 1.04 MB)

Use this Notice of Appeal form if you have been served a Deportation Liability Notice after your refugee and/or protection status was cancelled and you would like to appeal to the Tribunal against your liability for deportation.

Form 5: Notice of Appeal - Humanitarian Appeal against Deportation (PDF, 0.99 MB)

Use this Notice of Appeal form if you are liable for deportation because:

    • You are unlawfully in New Zealand, or
    • Your temporary or interim visa was granted in error, or
    • You held your temporary or interim visa under a false identity, or
    • You held a temporary or interim visa and it was determined that there was sufficient reason to deport you; or
    • You are a refugee and protection claimant appealing against a decision by a refugee and protection officer and would be entitled to a humanitarian appeal if you became liable for deportation.

Form 6: Application to cease/cancel recognition as a refugee or protected person (PDF, 482 KB)

Form 7: Application by the Minister of Immigration for determination of failure to meet conditions of suspension of liability for deportation (PDF, 463 KB)

Form 8: Authority to Act (PDF, 490 KB)

You should complete this form if you have appointed a new representative since your appeal was lodged.

Form 9: Withdrawal of Appeal Form (PDF, 447 KB)

This form can be used if you want to withdraw your appeal. You can withdraw an appeal at any time until a decision has been issued by the Tribunal.

Guides

Guides are available to help you with completing your form. There is a separate guide for each of the forms 1- 5.
These guides will help you to assess whether or not you are entitled to appeal to the Tribunal, and provide information on how to lodge an appeal. They also include brief information on what happens after you lodge your appeal. (See the Forms and Guides page).

Appeals to the Tribunal must be lodged within specific timeframes. Each of the guides contains the information on how you calculate the period in which you must appeal.

There is a lodgement fee to pay for most types of appeals, except refugee and protection appeals. (See the Fees page for details).

Use of a representative

Anyone appealing to the Tribunal may appoint an agent or legal representative to represent them during the application or appeal process, or they may represent themselves.

If the appeal is against a decision made using classified information, the person appealing will also be given a list of special advocates from which they can select an advocate to represent them during the classified parts of the appeal (actual and reasonable costs of a special advocate are government funded.) The person appealing can also retain their personal legal representative for the other parts of the appeal process.

Why might an appeal not be accepted?

If an appeal is not lodged correctly, or if the correct lodgement fee has not been paid, the Tribunal may not accept the appeal. In this situation, the person who submitted the appeal form will be informed of what is required and invited to resubmit the appeal form once it is complete if this is still within the appeal period.

The Tribunal cannot accept an appeal if the person appealing has no right of appeal.

Appealing or reviewing a Tribunal decision

Any party to a Tribunal appeal (who may include the person appealing, the Department of Labour’s Chief Executive, or the Minister of Immigration) dissatisfied with the Tribunal’s decision may seek leave to appeal to the High Court on a point of law. This means that only legal issues may be raised, not issues of fact.

Filing an appeal from a Tribunal decision is only possible on application for leave (permission) filed with the High Court within 28 days after the date you were notified of the decision.

You also have the right to apply for judicial review with the High Court. This means that you are asking the High Court to review the Tribunal’s exercise of its statutory power.

An application for judicial review must also be filed within 28 days after the date you or your representative were notified of the decision.

If both an appeal on a point of law and a judicial review of proceedings are sought about the same case, the party must lodge the applications for appeal and for judicial review together. The High Court must endeavour to hear both together (unless it is not practical to do so).

It is strongly recommended that you seek legal advice before filing an application for leave to appeal on point of law or application for judicial review with the High Court.

Complaints

Any complaint made about a Member of the Tribunal will be considered by the Chair of the Tribunal. Any complaint made about the Chair will be considered by the Chief District Court Judge (as the Chair of the Tribunal is a District Court Judge).