Immigration Act 1987

  • repealed
  • Immigration Act 1987: repealed, at 2 am on 29 November 2010, by section 404 of the Immigration Act 2009 (2009 No 51).

Appeal against requirement to leave, etc

47 Appeal against requirement to leave New Zealand
  • (1) A person who is unlawfully in New Zealand may appeal to the Removal Review Authority against the requirement for that person to leave New Zealand.

    (2) The appeal must be brought within 42 days after the later of—

    • (a) the day on which the person became unlawfully within New Zealand; or

    • (b) the day on which the person received notification under section 31 of the confirmation of the decision to decline to issue a permit, in the case of a person who, while still lawfully in New Zealand, had lodged an application under section 31 for reconsideration of a decision to decline another temporary permit.

    (3) An appeal may be brought only on the grounds that there are exceptional circumstances of a humanitarian nature that would make it unjust or unduly harsh for the person to be removed from New Zealand, and that it would not in all the circumstances be contrary to the public interest to allow the person to remain in New Zealand.

    (4) For the purposes of subsection (3), the mere fact that a person's circumstances are such that the person 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.

    (5) The following persons may not appeal under this section:

    • (a) a person who is unlawfully in New Zealand by reason of having returned to New Zealand while a removal order is in force in respect of the person:

    • (b) a person who is unlawfully in New Zealand by reason of the expiry of a limited purpose permit:

    • (c) a person who is unlawfully in New Zealand following the revocation of their residence permit being confirmed by the Deportation Review Tribunal:

    • (e) a person unlawfully in New Zealand to whom section 114K(4)(b) applies (which provision relates to a person in respect of whom a security risk certificate has been confirmed).

    Section 47: substituted, on 1 October 1999, by section 34 of the Immigration Amendment Act 1999 (1999 No 16).

    Section 47(1): amended, on 18 November 1991, by section 23(2) of the Immigration Amendment Act 1991 (1991 No 113).