Chart one – the proposed process for streamlining refugee, protection, and humanitarian appeals

The process for refugee, protection, and humanitarian appeals begins when a person lodges a refugee/protection claim.

When a claim is lodged, the claimant receives a visa.  The visa expires on completion of the claim.

If a claim is approved, refugee/protection status is granted.

If a claim is not approved, the claimant can lodge a refugee/protection appeal and humanitarian appeal.  The appeals must be lodged within 10 days.

The Immigration and Protection Tribunal considers the refugee/protection appeal first.  If the refugee/protection appeal is allowed, refugee/protection status is granted.

If the refugee/protection appeal is not allowed, the Tribunal considers the humanitarian appeal.  If the humanitarian appeal is allowed, the Tribunal grants a visa to the claimant as it sees fit.

If the humanitarian appeal is not allowed, the claimant is required to leave New Zealand. 

If the person does not leave voluntarily and their visa expires, the person will become unlawful and liable for deportation.  A deportation order will be issued and the person will be deported.

Back to Decisions for Immigration Bill

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