D4.75 Appeals against having to leave New Zealand

Immigration Act 1987 s 47

1. A person who is unlawfully in New Zealand may appeal to the Removal Review Authority against having to leave New Zealand, unless they have held a Limited purpose permit at any time.
2. The appeal must be lodged within 42 days after the later of either:
   1. the day on which they became unlawfully in New Zealand; or
   2. the day on which they received notification that their application under section 31 of the Immigration Act 1987 for reconsideration of a decision to decline another temporary permit, has been declined.

D4.75.1 Grounds on which an appeal may be lodged

1. An appeal may only be lodged 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 circumstances be contrary to the public interest to allow the person to stay in New Zealand.
2. The mere fact that a person's circumstances prevent them from meeting any Government residence policy requirements for the grant of a residence permit, does not constitute exceptional circumstances of a humanitarian nature.

D4.75.5 Who may not lodge an appeal

1. The following people may not lodge an appeal under section 47 of the Immigration Act 1987:
   1. a person who is unlawfully in New Zealand because they returned to New Zealand while a removal order relating to them is still in force; or
   2. a person who is unlawfully in New Zealand because a limited purpose permit has expired; or
   3. a person who is unlawfully in New Zealand after the Deportation Review Tribunal has confirmed the revocation of their residence permit; or
   4. a person unlawfully in New Zealand because a temporary permit that was granted for the purposes of the Mutual Assistance in Criminal Matters Act 1992 has expired; or
   5. a person who is unlawfully in New Zealand because of the cancellation or revocation of their permit resulting from the confirmation of a security risk certificate under 114K of the Immigration Act 1987.

Effective 01/10/1999