About the Tribunal
The Immigration and Protection Tribunal hears and determines appeals against:
- decisions in relation to residence class visas
- decisions in relation to the recognition of a person as a refugee or a protected person
- decisions to cease to recognise a person as a refugee or a protected person
- decisions to cancel the recognition of a New Zealand citizen as a refugee or a protected person*
- liability for deportation.
*Refugee
A person must be recognised as a refugee in accordance with the Act if they fulfil the definition of a refugee under the 1951 Convention Relating to the Status of Refugees plus its 1967 Protocol (to both of which New Zealand is a party). These international agreements are collectively referred to as the Refugee Convention, and are administered by the United Nations High Commission for Refugees (UNHCR).
*Protected Person
Under the Act, a person may seek recognition in specified circumstances as a protected person in New Zealand under the 1984 Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (also known as the Convention Against Torture or CAT); or the 1966 International Covenant on Civil and Political Rights (ICCPR). New Zealand is a party to both of these international agreements.
Appeals Process
From 29 November 2010, most appeals:
- available but not lodged with the former appellate bodies will be considered by the new Immigration and Protection Tribunal under the provisions in the Immigration Act 1987 (that is, under the Act in force when the decision being appealed was made).
- already underway with one of the former appellate bodies will be transferred to the new Tribunal and considered under the Immigration Act 1987 provisions (that is, under the same Act that the appeal commenced under).
The exceptions are for refugee status appeals. These appeals are transferred to the Immigration and Protection Tribunal and will be considered under the Immigration Act 2009 (except for some parts of certain subsequent claim appeals).
Refugee status and protection status are considered simultaneously. This means that every refugee status claimant will also have their protection status considered by the Tribunal within the same appeal process.
