FREQUENTLY ASKED QUESTIONS

DISCLAIMER

The material contained in Frequently Asked Questions is provided as general information only. The questions are ones that have often been asked by people who have contacted the Removal Review Authority. The answers given are intended to be helpful but are provided on the understanding that the Removal Review Authority is not offering any professional advice.

The information provided is necessarily brief and in summary form only. Every effort has been made to ensure the accuracy of the material provided. If this information differs from the Immigration Act 1987, then the provisions of the Immigration Act 1987 prevail. You should read the detailed provisions of the Immigration Act 1987 and the Immigration Regulations 1999, or consult a lawyer or immigration agent about your circumstances.

CONSIDERATION OF THE APPEAL

  1. How will I know if my appeal has been accepted by the Removal Review Authority?

    The Removal Review Authority will write to acknowledge receipt of your appeal and appeal fee.

  2. Does the Removal Review Authority hold hearings in person?

    No. Under section 50(1) of the Immigration Act, the Removal Review Authority must determine appeals "on the papers" and it has no jurisdiction to hold hearings in person. This is why it is very important that you send to the Removal Review Authority everything you think is relevant to your appeal within the 42-day appeal period.

  3. How long will my appeal take?

    The Removal Review Authority endeavours to determine all appeals as soon as possible. The length of time taken for a decision varies depending on the circumstances of the particular appeal, and how many other appeals are before the Authority.

    When the Removal Review Authority member to whom the appeal is allocated has made a decision, you will receive a letter together with the written decision of the Authority which explains in full the reasons for the decision.

  4. Can I request the Removal Review Authority to give my appeal priority?

    You can write to the Removal Review Authority to request it to consider your appeal with priority, giving your reasons for this. The Removal Review Authority will make a decision on your request, and inform you of its decision.

  5. Will I be able to stay in New Zealand while my appeal is being considered?

    Yes. Under section 53 of the Immigration Act, you cannot be removed from New Zealand while your appeal to the Removal Review Authority is pending.

  6. I have an appeal with both the Removal Review Authority and the Residence Review Board. Which is decided first?

    You can request in writing to the Removal Review Authority which appeal you want decided first and the Authority will consider that request. Otherwise the Removal Review Authority will decide which appeal is to be heard first and will advise you in writing.

  7. I have an appeal with both the Removal Review Authority and the Refugee Status Appeals Authority. Which is decided first?

    In most cases the appeal to the Refugee Status Appeals Authority would be decided first. The Removal Review Authority will write to you and your representative to advise its intentions and to allow you to make submissions on the matter.

  8. My appeal to the Refugee Status Appeals Authority has already been dismissed. Does the Removal Review Authority take that decision into account?

    Yes. The Removal Review Authority must follow the Court of Appeal decision in Talukder v Removal Review Authority [2000] NZAR 194.

    This decision states that the Refugee Status Appeals Authority's conclusions are not binding on the Removal Review Authority. It also says, however, that it is clearly reasonable for the Removal Review Authority to have regard to the Refugee Status Appeals Authority's findings on substantially similar evidence affecting those humanitarian considerations to be considered by the Removal Review Authority.

  9. I want to leave New Zealand temporarily. Would that affect my appeal?

    Yes. If you leave New Zealand your appeal cannot succeed. You should advise the Authority in writing that you wish to withdraw your appeal. If you do not, your appeal will be dismissed.