Immigration Act 2009

207 Grounds for determining humanitarian appeal

• (1) The Tribunal must allow an appeal against liability for deportation on humanitarian grounds only where it is satisfied that—

  • (a) there are exceptional circumstances of a humanitarian nature that would make it unjust or unduly harsh for the appellant to be deported from New Zealand; and

  • (b) it would not in all the circumstances be contrary to the public interest to allow the appellant to remain in New Zealand.

  (2) In determining whether it would be unjust or unduly harsh to deport from New Zealand an appellant who became liable for deportation under section 161, and whether it would be contrary to the public interest to allow the appellant to remain in New Zealand, the Tribunal must have regard to any submissions of a victim made in accordance with section 208.

  Compare: 1987 No 74 ss 47(3), 105(1A)