Depending on the type of appeal you’ve lodged, the Immigration & Protection Tribunal will hear your appeal on the papers or in person.
If you have a refugee or deportation resident appeal, your case manager will contact you before your appeal is scheduled for hearing.
Residence class visa appeals and deportation non-resident (humanitarian) appeals against deportation are ‘heard on the papers’. This means that the Immigration & Protection Tribunal will decide your appeal on the basis only of the paperwork provided. This paperwork can include any information, submissions or evidence. A face to face (oral) hearing does not occur. The tribunal will also receive the Immigration New Zealand records.
Oral hearings will normally be held for refugee and protection appeals, deportation appeals by residents/permanent residents and deportation appeals resulting from cancelled refugee and/or protection status persons (if involving a resident/permanent resident).
When an oral hearing is needed, you and any representative, and possibly the Ministry of Business, Innovation and Employment, will need to appear in person before the tribunal. You or your representative will receive a Notice of Hearing which will state the date, time and place of your hearing. The Notice of Hearing will also tell you the date by which you must lodge any further evidence or submissions you wish the tribunal to consider.
Hearings are open to the public, except where the case involves a claimant for refugee and protection status, a refugee or protected person, a person formerly recognised as a refugee or protected person and in certain other cases when the tribunal decides to receive evidence in private.
If you fail to attend your oral hearing without a reasonable excuse, the tribunal can decide your appeal on the papers.
An oral hearing may be provided at the absolute discretion of the tribunal for humanitarian appeals against deportation.
Tell the tribunal if you need an interpreter at an oral hearing by filling in the Interpreter section of the Notice of Appeal form. Make sure you say the language and dialect you need.
If the tribunal agrees that you need an interpreter it will provide and pay for the interpreter.
The processes and procedures for hearings are set out in more detail in the tribunal's practice notes
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