D3.65 Grounds for determining a humanitarian appeal

See also Immigration Act 2009 s 207

The Tribunal must allow an appeal against liability for deportation on humanitarian grounds only where it is satisfied that:

1. there are exceptional circumstances of a humanitarian nature that would make it unjust or unduly harsh for the appellant to be deported from New Zealand; and
2. it would not in all the circumstances be contrary to the public interest to allow the appellant to remain in New Zealand.

'received confirmation' unsuccessful temporary visa application reconsideration section 386(5) If under this Act any notice or other document is to be given to, served on, or supplied to the holder of any temporary entry class visa, or any person who is, or is believed to be, unlawfully in New Zealand, by registered post addressed to that person’s New Zealand address, the notice or other document is treated as having been given to, served on, or received by the person 7 days after the date on which it was posted.

Effective 29/11/2010