Immigration and Protection Tribunal
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Brief overview
The Immigration and Protection Tribunal (the Tribunal) is a body established under the Immigration Act 2009 to determine appeals from decisions on immigration, and refugee and protection matters. Formerly a range of statutory Authorities (like courts) heard immigration and refugee appeals. Those Authorities have now been combined into the Tribunal, part of the Ministry of Justice.
Hearings
Refugee and protection hearings (interviews) are conducted by Tribunal members (barristers or solicitors) who are independent people – both of Immigration New Zealand and the New Zealand Government. However, the Government is bound by the decisions of the Tribunal. The format is similar to interviews at the RSU, although the context is more formal and judicial. Wider humanitarian issues (outside New Zealand’s obligations under the Refugee Convention, CAT and ICCPR) may be canvassed, such as reasons why it would be unjust or unduly harsh for the person to be deported from New Zealand.
Length
There is no approximate length to a hearing which can last from one day to a week. When an interpreter is booked however, they will be advised of the estimated length of the hearing and be booked for that length of time.
Hearings begin at 9.30am and break for lunch from 1 – 2pm, with both a morning and afternoon tea break.
Location
All hearings are held at:
Immigration and Protection Tribunal
Specialist Courts and Tribunals Centre
Level 1, Chorus House
41 Federal Street
Auckland
Telephone: (64 9) 914-4299
Interpreter’s Affirmation
At the beginning of all hearings, the interpreter must take a legal affirmation that he/she will properly perform all of the functions of an interpreter.
The appellant (called the ‘claimant’ at the RSU) is also advised that the interpreter is neutral and does not favour the Tribunal or the appellant. The appellant is also advised that under no circumstances are they to make contact with the interpreter outside of the hearing.
Useful reference links:
https://www.justice.govt.nz/tribunals/immigration/immigration-and-protection/(external link)
(You can read de-personalised decisions on their website)