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 immigration agent about your circumstances.

 

LODGING AN APPEAL


Who can Lodge an Appeal?

  1. Who can appeal to the Removal Review Authority?

    Under section 47(1) of the Immigration Act, a person who is unlawfully in New Zealand may appeal to the Removal Review Authority against the requirement to leave New Zealand.

  2. When am I considered to be "unlawfully in New Zealand"?

    Under section 4 of the Immigration Act, you are deemed to be in New Zealand unlawfully if you are not a New Zealand citizen and:

    • do not hold a permit; and

    • are not exempt from the requirement to hold a permit.

    A person is deemed to be unlawfully in New Zealand the day after his or her temporary permit or exemption to hold a permit expires.

    Any enquiries regarding your immigration status should be directed to Immigration New Zealand.

  3. How do I know if I am "unlawfully in New Zealand" if I am not served a removal order?

    Once your permit expires you have a legal obligation to leave New Zealand.

  4. Who can I include in my appeal?

    You may include dependent children who are:

    • under 17 years of age; and

    • unmarried; and

    • unlawfully in New Zealand; and

    • otherwise entitled to appeal against removal.

  5. Who may not appeal to the Removal Review Authority?


    Under section 47(5) of the Immigration Act, you may not appeal to the Removal Review Authority if you are unlawfully in New Zealand due to the fact that:

    • you returned to New Zealand while a removal order was in force against you;

    • your limited purpose permit has expired;

    • the revocation of your residence permit has been confirmed by the Deportation Review Tribunal;

    • you are a person to whom section 63 of the Immigration Act applies and you were granted a temporary permit for the purposes of the Mutual Assistance in Criminal Matters Act 1992;

    • you are a person to whom section 114K(4)(b) of the Immigration Act applies and in respect of whom a security risk certificate has been confirmed.

 

How to Lodge an Appeal

  1. What are the requirements for my appeal?

    Section 48 of the Immigration Act requires that an appeal to the Removal Review Authority must be:

    • made in the correct (or "prescribed”) manner; and

    • accompanied by the correct (or "prescribed") fee; and

    • made within 42 days of you becoming unlawfully in New Zealand.

    You must use the official appeal form, approved by the Minister of Immigration.

    You must personally sign the form.


  2. Where can I obtain an appeal form?

    You can obtain appeal forms in the following ways:

    • The form can be downloaded from this website - Appeal Form (pdf - 48kb);

    • The form can be obtained from the Removal Review Authority itself (by writing, faxing or telephoning)

    • From branch offices of Immigration New Zealand

    • The form can be downloaded from the website of the New Zealand Immigration Service
      www.immigration.govt.nz/migrant/general/formsandfees/formsandguides/other.htm

  3. What if I do not use the appeal form?

    If the official appeal form is not used, your appeal cannot be accepted.

  4. What language should I use when completing my appeal form?

    English.

  5. How can I send my appeal to the Removal Review Authority?

    The appeal can be sent in any one of the following ways:

    • By post or courier to the Removal Review Authority's post box number (PO Box 1674, Wellington) with the fee or credit card details.

    • By facsimile to the Removal Review Authority's fax number (04 915 6390) with credit card details for payment of the appeal fee. You must also post the completed original appeal form, payment details and submissions to the
    Removal Review Authority's postal address.

    • By delivering it in person to the Removal Review Authority's street address in Wellington (6th floor, SolNet House,
    70 The Terrace, Wellington) during office hours, which are from 8.30 am to 5.00 pm, Monday to Friday.

  6. Who must file an appeal form?


    Each adult appellant aged 17 years or over and any married person must lodge their own appeal on a separate the official appeal form. This applies even if the appellants are from the same family, eg parent and adult child.

    A dependent child who is appealing in their own right (for example, one whose parents are not appealing) must lodge their own appeal.

    What if I am under 17 years old?

    Under section 141B of the Immigration Act, as a dependent child under 17 years who is appealing in your own right, your interests are to be represented by a responsible adult. If you have a parent in New Zealand then that parent will usually be the responsible adult. If you do not have a parent to represent your interests, a responsible adult will be nominated by the Authority. The responsible adult must sign the appeal form.

  7. Who can fill out my appeal form?

    This is a matter for you to decide. You can fill it out yourself or, if you want help, you can ask a lawyer, an immigration consultant, a family member, or someone else that you trust. If you use an agent or a representative, that person must give his or her details in the form. However, you, the appellant must sign the form. In the case of an appeal by a person under 17 years of age a responsible adult for the appellant must sign the form.

 

Representatives and Correspondence

  1. Who can be my representative?

    Your representative can be anyone you nominate in writing to be your representative either in your appeal form or in a separate letter. You must make sure you clearly sign the letter in which you nominate the representative.

  2. What if I want to change my representative or represent myself?

    If you wish to change your representative:

    • you can write to the Removal Review Authority with the name and address of the new representative. You must sign the letter;  or 

    • your new representative can write on your behalf to the Removal Review Authority. The letter must also include your signed written advice confirming that the new representative is now acting on your behalf, and details of your current residential address.

    If you wish to now represent yourself:

    • you must write to the Removal Review Authority advising that the named representative is no longer acting for you. You must include your current postal address and sign the letter.


  3. Will the Removal Review Authority be writing to me about matters concerning my appeal?

    Yes. All correspondence from the Removal Review Authority is sent to your nominated residential address in Question 16 of the appeal form. Those details should always be your contact details (not those of the representative).

    If you have a representative, the Removal Review Authority will send correspondence both to that person's contact address and to you at the residential address you have given in Question 16 of the appeal form.

  4. What if I change my address?

    If you change your residential address after lodging an appeal you must immediately write to the Removal Review Authority giving the new address.

 

Appeal Fees

  1. What is the fee for an appeal?

    The fee for an appeal to the Removal Review Authority is NZ$700.00. A separate fee is payable for each adult appellant (ie, each appellant who is 17 years or over) and a child who is appealing in his or her own right. There are however, the following exceptions:

    • only one fee is payable in the case of married couples or couples in a civil union or de facto relationship (whether opposite or same sex), if both appeals for such people are received by the Removal Review Authority together; and

    • no fee is payable in respect of a dependent child or children under the age of 17 years included in the appeal of their parent.


  2. What are the acceptable forms of paying the appeal fee?

    The appeal fee must be paid in New Zealand dollars in one of the following ways:

    • business cheque

    • bank cheque

    • personal cheque

    • credit card (MasterCard or Visa only)

    • cash

    If paying by cheque, it should be made payable to: Removal Review Authority

    If the fee is not available when the appeal is lodged, for example there are insufficient funds in your account and your cheque does not clear or the credit payment is not accepted by the bank, your appeal cannot be accepted.

 

Time Period for Lodging an Appeal

  1. When must my appeal be received?

    Under sections 47(2) and 48(1)(b) of the Immigration Act, the Removal Review Authority must receive your appeal, on the official appeal form, with the appropriate fee and the information, evidence and submissions you wish to provide within:

    • 42 days after you became unlawfully in New Zealand; or

    • 42 days after the date you received notification that, with regard to your application for reconsideration of a declined temporary permit, Immigration New Zealand has confirmed the decision to decline.

  2. If I have never held a permit to be in New Zealand, when would my 42-day period for appealing to the Removal Review Authority begin?

    If you have never held a valid permit (for example you "jumped ship") you are deemed to be in New Zealand unlawfully. The 42-day period in which to appeal to the Removal Review Authority therefore commences the day you arrived in New Zealand.

  3. Are weekends and public holidays included in the calculation of the 42 days within which I must lodge my appeal?

    Under section 2(2) of the Immigration Act 1987, Saturdays and Sundays are counted as part of the 42 days, but the following New Zealand public holidays are not counted if they fall on a week day:

    • New Year's Day

    • Day after New Year's Day

    • Wellington Anniversary Day

    • Provincial Anniversary Day for the part of New Zealand where you live

    • Waitangi Day

    • Good Friday

    • Easter Monday

    • Anzac Day

    • Sovereign's Birthday

    • Labour Day

    • Christmas Day

    • Boxing Day

    • Departmental holidays*

    * Departmental holidays are holidays observed by the Department of Labour and the Appeal Authorities Secretariat usually between Christmas and New Year.

  4. Can the Removal Review Authority accept a late appeal?

    No. The Removal Review Authority has no jurisdiction under the Immigration Act to accept an appeal that is late.

 

Grounds of Appeal

  1. On what grounds may I appeal?

    Under section 47(3) of the Immigration Act, you may only appeal on the grounds that:

    • there are exceptional circumstances of a humanitarian nature that would make it unjust or unduly harsh for you to be removed from New Zealand; and

    • that it would not in all the circumstances be contrary to the public interest to allow you to remain in New Zealand.

  2. What constitutes exceptional circumstances of a humanitarian nature?

    Each person's case varies. However, under section 47(4) of the Immigration Act, the mere fact that your circumstances would meet any applicable Government residence policy requirements for the grant of a residence permit does not in itself constitute exceptional circumstances of a humanitarian nature.

  3. What should I put in my appeal?

    Answer every question and complete every section in the appeal form. If there is insufficient space attach a separate sheet. Include with the appeal form all information, evidence and submissions you wish to have considered in support of your appeal.

    You should write on your appeal form all the reasons why you think you have exceptional circumstances of a humanitarian nature that would make it unjust or unduly harsh for you to be removed from New Zealand; and why it would not be contrary to the public interest to allow you to remain in New Zealand.

  4. Can children included in an appeal make submissions?

    Yes. Question 24 of the appeal form provides an opportunity for each child included in an appeal to express their views on the appeal.

  5. What documents or other material can I include with my appeal form?

    You must send us everything you think is relevant or important to your appeal. Written or other material may include:

    • submissions

    • statements of evidence

    • photographs

    • letters of support

    • medical reports

    Remember: the Removal Review Authority is not obliged to consider any information received after the 42-day appeal period.

  6. Should I send copies or originals of any documents?

    Please send certified copies of any official documents such as birth certificates and passports. Certified copies must be witnessed and signed as true copies of the originals by a person who is authorised to do so by law, for example, a solicitor, justice of the peace or notary public.

    Please send originals of medical reports, references and letters of support.

  7. What language should I use when providing information?

    English. If information, evidence or submissions in another language are included with the appeal, then a translation of these documents by a recognised translation agency must also be included.

  8. Can I send information to the Removal Review Authority after I have lodged my appeal?

    Perhaps. If your circumstances change or you wish to provide further evidence you should inform the Removal Review Authority. However, you should be aware that the Removal Review Authority must follow section 50 of the Immigration Act, which sets out the procedure to be followed in an appeal.

    Under section 50(2)(a) of the Immigration Act, any information, evidence or submissions that you wish to have considered in support of your appeal must reach the Removal Review Authority within the 42-day appeal period. If you need an extension of time, for instance, if a medical report has been requested but it has not arrived within the 42-day appeal period, you should explain this in writing to the Removal Review Authority when the appeal is lodged.

    After the 42-day period of time has expired, under section 50(2)(b) of the Immigration Act the Removal Review Authority is not obliged to consider any information supplied by you other than information provided by way of rebuttal or comment to prejudicial information obtained by the Authority, under section 50(6) of the Immigration Act.

  9. My circumstances have changed since I made my appeal. Can the Removal Review Authority take those changed circumstances into account?

    If your circumstances change at any time since you lodged your appeal, you may advise the Removal Review Authority in writing. However, under section 50(4)(b) of the Immigration Act, the Removal Review Authority may not consider any information which relates to matters arising after the date the appeal was lodged, unless it is satisfied that there are exceptional circumstances that justify the consideration of such matters.

  10. What happens if I give false information in my appeal?

    You commit an offence under section 142 of the Immigration Act if you make a statement in your appeal or provide information or evidence including any document you know is false or misleading. If convicted, you could face imprisonment or be fined. You also put your appeal at risk, as the Removal Review Authority must make an assessment of your character.

  11. If I have been in trouble with the law must I disclose this?

    Yes. Character is important in all immigration matters. Questions 19 and 20 of the appeal form require you to declare criminal convictions and any outstanding matters which could have an effect on the assessment of your character.

  12. Will Immigration New Zealand know if I appeal to the Removal Review Authority?

    Yes. Under section 50(3)(a) of the Immigration Act, the Removal Review Authority must give the Chief Executive of the Department of Labour of which Immigration New Zealand is a division, a copy of the notice of appeal and any information, evidence or submissions lodged by you as part of the appeal.

  13. Do I need to send a copy of my Immigration New Zealand file to the Removal Review Authority?

    No. Under section 50(3)(b) of the Immigration Act, the Removal Review Authority receives the files with all the information and documents Immigration New Zealand holds about you.