Oral-hearing exception broadened for subsequent refugee and protection appeals

Policy effect

From 19 June 2013, section 233 allowed the Immigration and Protection Tribunal to dispense with an otherwise mandatory oral hearing where a refugee/protection appellant or affected person had been interviewed at first instance, or failed to take an offered interview opportunity, and the appeal or contention related to a subsequent refugee or protection claim. Previously this limb required that the contention repeat a previous claim. The alternative exception for a prima facie manifestly unfounded or clearly abusive contention remains subject to the same interview prerequisite. The Tribunal may nevertheless provide an oral hearing for a subsequent-claim appeal in its absolute discretion. Resident and permanent-resident appeals against deportation liability retain their mandatory oral hearing, and other deportation appeals retain discretionary hearings.

Conditions and exceptions

Validated condition or limit: Previously this limb required that the contention repeat a previous claim.; The alternative exception for a prima facie manifestly unfounded or clearly abusive contention remains subject to the same interview prerequisite.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

Skip to main content Kāinga Home Tirohia i ngā tari kāwanatanga Browse agencies Ako atu anō Learn more Advanced search Any legislation In force Bills Not in force Title contains Content contains Act In force Latest version as at 18 June 2013 (as enacted) | 2013 No 39 | Administered by Ministry of Business, Innovation, and Employment Immigration Amendment Act 2013 Amendment Act Versions (1) Related Bill (1) Section view Download Search content Hide navigation Contents 1 Title 2 Commencement 3 Principal Act Part 1 Substantive amendments 4 Section 4 amended (Interpretation) 5 New section 9A inserted (Meaning of mass arrival group) 6 Section 26 amended (How claims and applications for visas and entry permission processed) 7 New section 135A inserted (Suspension of determination of claim) 8 Section 140 amended (Limitation on subsequent claims) 9 Section 233 replaced (When Tribunal must or may provide oral hearing) 10 Section 249 amended (Restriction on review) 11 Section 307 amended (Purpose of Part) 12 New sections 317A to 317E inserted 13 Section 324 amended (Review of warrant of commitment or release on conditions) 14 New section 324A inserted (Review of mass arrival warrant) 15 Section 343 amended (Aiding and abetting) 16 Section 403 amended (Regulations in respect of refugee and protection matters) Part 2 Consequential amendments 17 Consequential amendments to principal Act 18 Consequential amendments to Immigration (Certificate and Warrant Forms) Regulations 2010 Schedule 1 Consequential amendments to principal Act Schedule 2 Immigration (Certificate and Warrant Forms) Regulations 2010—new form 5 Contents Legislative history Immigration Amendment Act 2013 Public Act 2013 No 39 Date of assent 18 June 2013 Commencement see section 2 Show contents Contents The Parliament of New Zealand enacts as follows: 1 Title This Act is the Immigration Amendment Act 2013. 2 Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3 Principal Act This Act amends the Immigration Act 2009 (the principal Act). Part 1 Substantive amendments 4 Section 4 amended (Interpretation) (1) In section 4, insert in its appropriate alphabetical order: “mass arrival group has the meaning given to it by section 9A”. (2) In section 4, replace the definition of warrant of commitment with: “warrant of commitment— “(a) means a warrant of commitment issued under section 317, 318, or 323; and “(b) includes— “(i) a mass arrival warrant issued under section 317B (in respect of all or specified members of a mass arrival group); and “(ii) a further warrant of commitment issued under section 317E(1)(a) (in respect of all or specified members of a mass arrival group)”. 5 New section 9A inserted (Meaning of mass arrival group) After section 9, insert: “9A Meaning of mass arrival group “(1) In this Act, mass arrival group means a group of more than 30 people, each of whom falls within 1 or more of the classes of person described in paragraphs … (f) of section 115(1), who arrive in New Zealand— “(a) on board the same craft; or “(b) on board the same group of craft at the same time; or “(c) on board the same group of craft and within such a time period or in such circumstances that each person arrived, or intended to arrive, in New Zealand as part of the group. “(2) In subsection (1), craft does not include a craft travelling to New Zealand in the course of a scheduled international service (within the meaning of section 96(4)).” 6 Section 26 amended (How claims and applications for visas and entry permission processed) (1) After section 26(3), insert: “(3A) Subsection (3) applies unless regulations made under section 400 require otherwise.” (2) In section 26(10)(b), after “transit visas”, insert “; or”. (3) After section 26(10)(b), insert: “(c) regulations made under section 400.” 7 New section 135A inserted (Suspension of determination of claim) After section 135, insert: “135A Suspension of determination of claim “(1) This section applies to a claim if the processing of the claim is suspended in accordance with regulations made under section 400. “(2) For the duration of the suspension, a refugee and protection officer must not— “(a) determine the claim in accordance with sections 136 and 137; or “(b) make a decision on the claim in accordance with section 138.” 8 Section 140 amended (Limitation on subsequent claims) (1) In section 140(1), after “as a refugee”, insert “or a protected person”. (2) In section 140(1)(b)(ii), replace “section 129” with “any of sections 129 to 131”. (3) Replace section 140(3)(b) with: “(b) repeats any claim previously made (including a subsequent claim).” 9 Section 233 replaced (When Tribunal must or may provide oral hearing) Replace section 233 with: “233 When Tribunal must or may provide oral hearing “(1) The Tribunal must provide an oral hearing in the case of an appeal against liability for deportation by a resident or permanent resident. “(2) The Tribunal may, in its absolute discretion, provide an oral hearing in any other appeal against liability for deportation. “(3) The Tribunal must provide an oral hearing in the case of an appellant or affected person currently or previously recognised as a refugee or a protected person, or a claimant for such recognition, unless— “(a) the person was interviewed by a refugee and protection officer (or a refugee status officer under the former Act) in the course of determining the relevant issue at first instance or, having been given an opportunity to be interviewed, failed to take that opportunity; and “(b) the Tribunal considers that the appeal or other contention of the person— “(i) is prima facie manifestly unfounded or clearly abusive; or “(ii) relates to a subsequent claim for refugee or protection status. “(4) The Tribunal may, in its absolute discretion, provide an oral hearing in the case of an appeal that relates to a subsequent claim for refugee or protection status.” 10 Section 249 amended (Restric …

Review method

Source-based draft with independent Gemini 3.8 Flash verification

Other New Zealand changes operative in 2013

• 2013-02-19Temporary visa condition-variation fee expanded beyond travel conditions
• 2013-04-08Generic Temporary Entry Instructions: Variation of Conditions Rules (IAC 13/03 & Operational Manual Section E3.25.1)
• 2013-06-19Aiding unlawful-entry offence expressly includes fraudulent visa and entry-permission cases
• 2013-06-19Judicial review restricted to final Tribunal outcomes and court leave
• 2013-06-19New Zealand introduces judicial mass-arrival detention warrants
• 2013-06-19Significant-change threshold extended to subsequent protected-person claims
• 2013-11-15Visa Pak 137: Parent Category Sponsor Income Assessment Standards