Immigration & Protection Tribunal

COVID-19 protocol of the Immigration & Protection Tribunal

  1. While the Epidemic Preparedness (COVID-19) Notice 2020 is in force, the Immigration and Protection Tribunal will, as far as is reasonably practicable, operate in its usual manner.
  2. There may, in some cases, need to be changes to the way the Tribunal operates, including by conducting hearings entirely by video-link or telephone or by requiring that documents be emailed in the first instance, followed by the necessary copies being sent by post or courier.
  3. There may also be restrictions to entry into our premises. It is recommended that participants contact the Tribunal is advance of visiting our premises to discuss any needs they might have.
  4. All participants entering our premises will be required to sign in using the QR Code or a paper-based record of attendance, for the purposes of contact tracing. PPE will be available to participants suitable to the nature of their visit.
  5. Parties affected by any change to the Tribunal’s usual operating procedures will be advised of those changes and provided with information to ensure that they understand how their matter will be handled by the Tribunal.
  6. Hearings in person will proceed with the necessary physical distancing restrictions and hygiene requirements.
  7. The emphasis will continue to be on the Tribunal bringing the appeals on hand to completion.
  8. This Protocol applies until revoked or modified by the Tribunal.
  9. At all times, the Tribunal encourages participants to send documents via email in the first instance, followed by hard copies as necessary, sent by courier or post.

DATED this 25 day of August 2020

Judge Peter Spiller
Chair, Immigration and Protection Tribunal


The Immigration & Protection Tribunal hears and determines appeals concerning:

  • decisions about residence class visas
  • decisions about the recognition of a person as a refugee or protected person
  • liability for deportation
  • decisions to stop recognising a person as a refugee or protected person
  • decisions to cancel the recognition of a New Zealand citizen as a refugee or protected person.

The tribunal is administered by the Ministry of Justice. The tribunal is chaired by a District Court Judge appointed by the Governor-General on the recommendation of the Attorney-General. It has 18 members, appointed by the Governor-General on the recommendation of the Minister of Justice.

How long does it take to get a decision?

Residence appeals

These appeals are generally being determined within 3 to 6 months after the Tribunal receives them. Send any supporting documents or submissions to the Tribunal as soon as you can.

Deportation non-resident (humanitarian) appeals

These appeals are generally being determined within 2 to 4 months after the Tribunal receives them. Send any supporting documents or submissions to the Tribunal as soon as you can.

Members of the tribunal

Chair

Judge Peter Spiller

Members

  • Martin Treadwell (Deputy Chair)
  • S Aitchison
  • M Avia
  • B Burson
  • A Clayton
  • A Davidson
  • B Dingle
  • J Donald
  • P Fuiava
  • M Martin
  • A Molloy
  • L Moor
  • S Pearson
  • Z Pearson
  • M Roche
  • V Shaw
  • D Smallholme
  • V Vervoort
  • L Wakim
  • S Benson
  • M Benvie
  • T Cook

Complaints

Any complaint made about a member of the tribunal will be considered by the Chair of the tribunal. Complaints made about the Chair will be considered by the Chief District Court Judge (because the Chair of the tribunal is a District Court Judge).

Immigration and Protection Tribunal Protocol for Level 2

 

Entry into our premises by persons other than staff and members will be by appointment only. 

 

The Tribunal recognises that, as in Level 3, there may be continued instances of staff and members continuing to work remotely.  However, it is expected that there will be a greater presence of staff and members at Tribunal premises. 

 

New appeals, submissions and other information are to be submitted to the Tribunal by email or fax.  Hard copies should be posted or couriered. 

 

Participants at hearings will be required, on entering Tribunal premises, to complete a contact tracing register, which will include the provision of personal address and telephone number.  This is a mandatory requirement in the event that someone tests positive for COVID-19 and all contacts need to be traced.  Details provided will be keep secure and confidential and will be provided to the Ministry of Health only if required.  No other record of this information will be kept.  

 

Priority, as at level 3, will continue to be attached to the completion and release of decisions.  The emphasis will continue to be on the Tribunal bringing the appeals on hand to completion.

 

Hearings will recommence in the week of 11 May, and telephone conferences and hearing dates will be set though dialogue involving members, the staff, and counsel/ representatives or unrepresented parties. During the rest of May, there will be hearings of some of those appeals that were adjourned from late March, April and early May.  Hearings already scheduled for June will, in principle, remain in place.  From July onwards, hearings will comprise those that were earlier adjourned, in order of priority, failing which by date of lodgement.  Where appropriate, hearings may be conducted by VMR, and consideration will be given to splitting a one-day hearing into two consecutive half days. 

 

The above protocol will be reviewed when the Government decides to change to Level 1.

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