D7.55 Right of appeal to the Deportation Review Tribunal

Immigration Act 1987 ss104, 106

1. When the Minister makes a deportation order under sections 91 or 92 of the Immigration Act 1987, the deportee may appeal to the Deportation Review Tribunal for an order quashing the deportation order.
2. The appeal must be made within 21 days after the day on which the order is served.
3. On appeal the Deportation Review Tribunal may quash the deportation order if it is satisfied that it would be unjust or unduly harsh to deport the person from New Zealand and that it would not be contrary to the public interest to allow the person to remain in New Zealand.
4. No deportation order made under sections 91 or 92 of the Immigration Act 1987 may be executed:
   1. except at the request of the person named in the order:
      • within 21 days after it is served on the person named in it; or
      • until any appeal under section 104 of the Immigration Act 1987 has been decided; or
      • until any appeal under section 117 of the Immigration Act 1987 has been decided; or
   2. subject to section 96 of the Criminal Justice Act 1985, while the person is imprisoned in a penal institution.

Effective 01/10/1999