FREQUENTLY ASKED QUESTIONS
DISCLAIMER
The material contained in Frequently Asked Questions is provided as general information only. The questions are ones that have often been asked by people who have contacted the Removal Review Authority. The answers given are intended to be helpful but are provided on the understanding that the Removal Review Authority is not offering any professional advice.
The information provided is necessarily brief and in summary form only. Every effort has been made to ensure the accuracy of the material provided. If this information differs from the Immigration Act 1987, then the provisions of the Immigration Act 1987 prevail. You should read the detailed provisions of the Immigration Act 1987 and the Immigration Regulations 1999, or consult a lawyer or licensed immigration representative about your circumstances.
APPEAL DECISION
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How will I know the Removal Review Authority's decision?
Under section 51(1) of the Immigration Act, you will receive a letter from the Removal Review Authority, together with its written decision, which explains in full the reasons for that decision.
If you have a representative a copy of the decision will also be sent to the representative.
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What happens if my appeal is successful or "allowed"?
Under section 52 of the Immigration Act, where the Removal Review Authority decides that an appeal should be allowed, it may direct an immigration officer to take such steps as it considers necessary to give effect to its decision.This could include a direction to grant you:
• a residence permit subject to such requirements, if any, as the Removal Review Authority may determine; or
• a temporary permit for such period and subject to such conditions, if any, as the Removal Review Authority may determine.
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Where do I receive my permit if my appeal is allowed?
If the appeal is successful, you must go to the nearest branch of Immigration New Zealand to receive a permit in accordance with any directions given by the Removal Review Authority in its appeal decision.
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What happens if my appeal is unsuccessful or "dismissed"?
Under section 53(1)(b) of the Immigration Act, you may be the subject of a removal order and liable to be removed from New Zealand if you are still unlawfully in New Zealand seven days after the Removal Review Authority's decision has been notified to you. Under section 53(3) of the Immigration Act, you can choose to leave New Zealand voluntarily at any time either before the seven-day period expires or before a removal order is served on you.
Under section 57 of the Immigration Act, a removal order is in force from when it is served. It remains in force for five years after the date the person named in it is removed from New Zealand.
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When am I served a removal order?
Under section 53 of the Immigration Act, if you are unlawfully in New Zealand (usually for more than 42 days), you may be the subject of a removal order and liable to be removed from New Zealand if either:
• you have not exercised your right of appeal to the Removal Review Authority; or
• your appeal to the Removal Review Authority is dismissed.
There is no appeal to the Removal Review Authority against the decision to serve a removal order.
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Can I appeal the Removal Review Authority's decision?
Under section 51 of the Immigration Act, you are entitled to only one decision on your removal appeal and you cannot ask the Removal Review Authority to reconsider its decision.
However, under section 115A of the Immigration Act, you may appeal to the High Court of New Zealand on a question of law. That appeal must be brought within 28 days after you are notified of the Removal Review Authority’s decision, unless you make an application to the High Court within that 28-day period for a longer period to bring your appeal.
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Can Immigration New Zealand appeal the decision should it be in my favour?
Yes. Immigration New Zealand may also appeal to the High Court on a point of law under section 115A of the Immigration Act.
