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Form 3. Deportation Appeal by a Resident/Permanent Resident. Immigration and Protection Tribunal. Notice of Appeal. 1 What is this form for?

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IPT Case Number Immigration and Protection Tribunal For more information visit Form 3 Deportation Appeal by a Resident/Permanent Resident Notice of Appeal Under the Immigration
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IPT Case Number Immigration and Protection Tribunal For more information visit Form 3 Deportation Appeal by a Resident/Permanent Resident Notice of Appeal Under the Immigration Act What is this form for? Immigration and Protection Tribunal For more information visit Guide 3 A Guide to Lodging a Deportation Appeal by a Resident/Permanent Resident Under sections 201 (1)(a) & (b) and 206(1)(c) of the Immigration Act 2009 How to use this Guide Read this Guide before completing Form 3 Deportation Appeal by a Resident/Permanent Resident. This Guide is divided into two parts: Part 1 Lodging a deportation appeal by a resident/permanent resident. Part 2 What happens during the appeal. If you are a resident or permanent resident liable for deportation, this part will help you assess whether or not you are entitled to appeal to the Immigration and Protection Tribunal and provides information on how to lodge an appeal. This part briefly explains what happens after you lodge your appeal. This Guide is intended to be a brief explanation only. For more detailed information, please refer to the Immigration and Protection Tribunal Practice Note 1/2010 (Deportation), which is available from the Tribunal or at its website at Use this Notice of Appeal form if you are a resident or permanent resident and would like to appeal to the Immigration and Protection Tribunal (the Tribunal) against your liability for deportation. If your spouse / partner and / or any adult children (aged 18 and over) are also liable for deportation, each of them must complete a separate appeal form and pay a separate fee. If your dependent children are also liable for deportation, they must each complete a separate appeal form, but they are not required to pay a separate fee, provided their liability for deportation arises from the same circumstances as yours. Disclaimer The information provided in this Guide is intended to provide general information about lodging an appeal with the Immigration and Protection Tribunal. All reasonable measures have been taken to ensure the quality and accuracy of the information contained in this Guide. However, the Ministry of Justice disclaims any and all responsibility for any inaccuracy, error, or omission in relation to the information. The contents of this Guide should not be construed as legal advice. You should seek specific advice from lawyers, licensed immigration advisers, or persons exempt from licensing under the Immigration Advisers Licensing Act Page 1 For more information visit Important information IPT 09/10-3 See the Guide to Lodging a Deportation Appeal by a Resident/Permanent Resident Please read Guide 3- A Guide to Lodging a Deportation Appeal by a Resident/Permanent Resident before you start completing this form. The Guide will help you assess whether you are entitled to an appeal and provides information on how to lodge an appeal. 2 How much does it cost to lodge an appeal? The fee for lodging this appeal with the Tribunal is NZ$700. Note: Please see 1 above regarding dependent children. 3 How do you complete this form? Page 1 You must complete this form in English. Please print in CAPITAL LETTERS if filling out by hand. You/your representative must complete all the parts of this form. If you have a representative he/she should sign it as well. Please include with your appeal a copy of your Deportation Liability Notice, Immigration New Zealand decision, or a certified copy of the relevant pages of your passport showing your visa (whichever is applicable). Provide copies of any other documents or evidence you wish to submit in support of your appeal. All documents must be provided in English or with a certified translation in English. Two copies of all documents must be provided. If you are a minor appellant (under 18 years of age and not married or in a civil union), a responsible adult must sign on your behalf. If you do not have a parent present to act as responsible adult, tick the relevant box in Part 9 of this form and the Tribunal will nominate a responsible adult to act for you. 4 How long do you have to lodge this appeal? Please refer to Part 5C of this form for the time period to submit your appeal 5 How do you lodge this appeal? You may lodge this Notice of Appeal together with your NZ$700 lodgement fee and all relevant documents in person, by courier or by post to the Tribunal at the address at the end of this form. Note: Please see 1 above regarding dependent children. You may also send in advance a copy of this Notice of Appeal with your credit card details by fax or , but note that you will still need to deliver or post the original of this Notice of Appeal and any supporting documents to the Tribunal. For more information visit IPT 11/14-3 6 What will happen after you submit your appeal? After you have submitted your appeal, the Tribunal will write to let you know that your appeal has been received. A copy of your appeal will be sent to Immigration New Zealand who will provide any information and/or relevant parts of your immigration file to the Tribunal. If you change your representative or your (or your representative s) contact details change you must notify the Tribunal immediately. 7 Who can help you with this form? The following persons can help you complete this form: a lawyer a licensed immigration adviser a licence-exempt person. Note: Only the above persons can act as your representative. The Tribunal can only accept appeals lodged by you or any one of the persons listed above. For more details, please refer to Guide 3. Definitions Appellant Certified copy Certified translation Decision Dependent child Minor appellant Principal appellant Representative Responsible adult An appellant is the person who appeals a decision. A true copy, approved by someone legally allowed to approve it. If you are in New Zealand, certified copies must be approved by a lawyer, notary public, Justice of the Peace or court official. A written translation from one language into English that has been officially certified by a recognised translation agency. A translation by a friend or family member will not be accepted. The letter from Immigration New Zealand or the Minister of Immigration telling you what they decided in regards to your application. A dependent child means a child under 18 years of age who is not married or in a civil union and who is dependent on you (the principal appellant), whether or not the child is your child. A minor appellant is an appellant who is under 18 years of age and not married or in a civil union. The principal appellant is the main appellant lodging the appeal. If there are dependent children included in the appeal, the parent is the principal appellant. A representative must be a Lawyer, a Licensed Immigration Adviser, or a licence-exempt person. For the full list, see Guide 3. This is either the minor appellant s parent or a person nominated by the Tribunal. Page 2 For more information visit IPT 11/14-3 IPT Case Number It is an offence under the Immigration Act 2009 to make any statement, provide information, evidence or submissions knowing that they are false or misleading in any material aspect in any appeal or application in the nature of an appeal to the Tribunal. Please fill in all sections below: Part 1: Principal appellant s information 1A: What is your full name? (As shown on your passport) Title Mr Mrs Ms Miss Dr Other (specify) 1B: What other names are you known by? Name(s) 1C: What is your gender? (Please tick ) Male Female 1D: When were you born? Date (day/month/year) / / 1E: What countries are you a citizen of? List all countries 1F: Provide the following details from your passport or travel document: (If you hold any other valid passports or travel documents also add those details here) Passport or reference number Expiry date (day/month/year) Country of issue / / / / / / / / Page 3 For more information visit IPT 11/14-3 Part 2: Principal appellant s contact details 2A: What is your current residential address in New Zealand? (This cannot be a PO Box). This is where you are currently living. You must notify the Tribunal immediately if you change your address. Street number / Street name Suburb Town / City Post code 2B: What are your contact details? Daytime contact phone number ( ) Other contact phone number ( ) Fax number ( ) Yes, I agree to receive communication by . address 2C: Where do you want us to send all documents and official notices relating to this appeal? (This cannot be a PO Box). Note that under section 225(2)(i) of the Immigration Act 2009 you must provide the Tribunal with a current address to which communications relating to your appeal may be sent. (Please tick one ) to your representative (details to be provided in Part 7). Move on to Part 3 and continue. to you, at the address in 2A above. to you, at the following address (if you are a minor appellant and have a responsible adult, this will be the responsible adult s address for communication): Street number / Street name Suburb Town / City Post code You must notify the Tribunal immediately if you change your address. Note that under section 225(4) of the Immigration Act 2009 the Tribunal may rely on the latest address you provided for purpose of communications relating to your appeal. Page 4 For more information visit IPT 11/14-3 Part 3: Spouse/partner and children Reminder: A separate Notice of Appeal Form must be completed by each person included in this Part accompanied by a separate fee, if relevant. Please see 1 above. 3A: What is your current relationship status? (You may tick more than one ) Never Married Married Engaged Separated Widowed Civil Union Partnership / Defacto Divorced 3B: What is your spouse/partner s full name and address? (if applicable) Note: You do not need to complete your spouse/partner s address if it is the same as yours. Street number / Street name Suburb State (if applicable) Town / City Post code Country (if not New Zealand) 3C: If your spouse/partner is in New Zealand, tick the immigration status which applies to them: (if applicable) (Please tick ) New Zealand citizen New Zealand residence class visa holder Other. Please specify If you wish to rely on the support of your spouse/partner in this appeal, you must supply evidence of your spouse/partner s New Zealand immigration status and attach a letter of support signed by your spouse/partner. 3D: Do you have any children? Yes. Please provide their details below in question 3E. No. Go to Part 5 and continue. Page 5 For more information visit IPT 11/14-3 Part 3: Spouse/partner and children (continued) 3E: Please list all your children and provide their details. You must declare and give full details of all your children, adult and minor, whether they were born in New Zealand or another country and whether they are alive or deceased. You must declare the details of any children adopted either into your family or out of your family. For adopted children please list those formally and informally adopted (for example fa a Samoa or faka Tonga adopted children) and indicate this in the relationship column. For each dependent child (under 18) you must attach child s full birth certificate and, where applicable, adoption papers and death certificates. You must also provide evidence of the dependent children s New Zealand Immigration status where applicable. Date of birth (day/month/year) / / Gender (Please tick ) Male Female (Please tick ) Alive Deceased Relationship (eg, child by birth, legal adoption, informal adoption, legal guardianship) Immigration status if in New Zealand Country of residence Country of citizenship Date of birth (day/month/year) / / Gender (Please tick ) Male Female (Please tick ) Alive Deceased Relationship (eg, child by birth, legal adoption, informal adoption, legal guardianship) Immigration status if in New Zealand Country of residence Country of citizenship Page 6 For more information visit IPT 11/14-3 Part 3: Spouse/partner and children (continued) Date of birth (day/month/year) / / Gender (Please tick ) Male Female (Please tick ) Alive Deceased Relationship (eg, child by birth, legal adoption, informal adoption, legal guardianship) Immigration status if in New Zealand Country of residence Country of citizenship Date of birth (day/month/year) / / Gender (Please tick ) Male Female (Please tick ) Alive Deceased Relationship (eg, child by birth, legal adoption, informal adoption, legal guardianship) Immigration status if in New Zealand Country of residence Country of citizenship Date of birth (day/month/year) / / Gender (Please tick ) Male Female (Please tick ) Alive Deceased Relationship (eg, child by birth, legal adoption, informal adoption, legal guardianship) Immigration status if in New Zealand Country of residence Country of citizenship Page 7 For more information visit IPT 11/14-3 Part 3: Spouse/partner and children (continued) Date of birth (day/month/year) / / Gender (Please tick ) Male Female (Please tick ) Alive Deceased Relationship (eg, child by birth, legal adoption, informal adoption, legal guardianship) Immigration status if in New Zealand Country of residence Country of citizenship Date of birth (day/month/year) / / Gender (Please tick ) Male Female (Please tick ) Alive Deceased Relationship (eg, child by birth, legal adoption, informal adoption, legal guardianship) Immigration status if in New Zealand Country of residence Country of citizenship Date of birth (day/month/year) / / Gender (Please tick ) Male Female (Please tick ) Alive Deceased Relationship (eg, child by birth, legal adoption, informal adoption, legal guardianship) Immigration status if in New Zealand Country of residence Country of citizenship Page 8 For more information visit IPT 11/14-3 Part 4: Dependent children included in this appeal 4A: Do your dependent children wish to express their views in relation to this appeal? (Please tick ) Yes No Please write legibly in CAPITAL LETTERS if completing by hand. Name of child Child s views Continue on a separate sheet of paper if necessary and attach it to this form Part 5: Appeal information 5A: What is your Immigration New Zealand client number (if known)? Date of deportation liability notice (day/month/year) / / Date you received the deportation liability notice (day/month/year) / / Please include with your appeal a copy of your Deportation Liability Notice, Immigration New Zealand decision, or a copy of the relevant pages of your passport showing your visa (whichever is applicable). 5B: What is your immigration status? (Please tick ) Resident Permanent resident Page 9 For more information visit IPT 11/14-3 Part 5: Appeal information (continued) 5C: What are you appealing? (Please tick ) Please select from the list below the reason you are liable for deportation. You must tick the relevant box(es) on the right to indicate whether you want to appeal on the facts and/or on humanitarian grounds. The period to appeal is from the date you were served with a Deportation Liability Notice unless stated otherwise. Select the statement that applies to you. I am appealing on the facts I am appealing on humanitarian grounds It was determined that my visa was granted due to an administrative error. Immigration Act 2009, sections 201(1)(a)(b), 206(1)(c), and days to appeal 28 days to appeal It was determined that I held my visa under a false identity. Note: if you are appealing on both grounds, you must appeal in 28 days from the date you were served with a Deportation Liability Notice. Immigration Act 2009, sections 201(1)(a)(b), 206(1)(c), and days to appeal 42 days to appeal after becoming unlawful It was determined that I obtained my residence class visa or entry permission through fraud, forgery, false or misleading representation, or concealment of relevant information. Immigration Act 2009, sections 201(1)(a)(b), 206(1)(c), and 158(1). 28 days to appeal 28 days to appeal I am a former citizen of New Zealand and I was deprived of my New Zealand citizenship under section 17 of the Citizenship Act 1977 on the ground that I obtained my citizenship by fraud, false representation, or wilful concealment of relevant information. Immigration Act 2009, sections 206(1)(c) and 158(2). N/A 28 days to appeal It was determined that I did not meet or I materially breached the conditions of my visa. Immigration Act 2009, sections 201(1)(a), 206(1)(c), and days to appeal 28 days to appeal New information relating to my character became available, and it was determined that I would not have been eligible for the visa if that information had been available at the time my visa was granted. Immigration Act 2009, sections 201(1)(a)(b), 206(1)(c), and days to appeal 28 days to appeal I have been convicted of a criminal offence. Immigration Act 2009, sections 206(1)(c) and161. N/A 28 days to appeal Page 10 For more information visit IPT 11/14-3 Part 5: Appeal information (continued) 5D: Please explain why you should not be deported. You must write your reasons in English or provide a certified translation in English. Please write legibly and in CAPITAL LETTERS if completing by hand. Part 6: Interpreter 6A: Do you require an interpreter if a hearing takes place? (Please tick ) Yes. Please complete question 6B. No. Go to Part 7. 6B: What language and dialect (if applicable) do you prefer to speak? Language Dialect Page 11 For more information visit IPT 11/14-3 Part 7: Representative s information If you do not have a representative, you do not need to complete this part. Go to part 8. Only a lawyer, licensed immigration adviser, or a licence-exempt person can act as a representative. Overseas advisers must also be registered with the Immigration Advisers Authority. 7A: What is your representative s name? Title Mr Mrs Ms Miss Dr Other (specify) Organisation name (if applicable) 7B: What is your representative s physical address? (This cannot be a PO Box) Notices, documents, and information relating to this appeal will normally be sent to this address. Street number / Street name Suburb Town / City Post code What is your representative s postal address? Delivery service type PO Box/Bag/DX number Locality Town / City Post code 7C: What are your representative s contact details? Daytime contact phone number ( ) Other contact phone number ( ) Fax number ( ) address Yes, I agree to receive communication by . 7D: Declaration I (the representative) accept the authority to act on behalf of the appellant. I will accept service of notice, communications, and other documents on behalf of the appellant. I am a: (Please tick one ) Lawyer Licensed Immigration Adviser Licence number Licence-exempt person. Please tick your ground for exemption person providing immigration advice in an informal or family context only current member of Parliament or one of their staff foreign diplomat or consular staff public service employee providing immigration advice within the scope of their employment agreement staff of a community law centre or citizens advice bureau 7E: Representative s signature Signature Date (day/month/year) / / Page 12 For more information visit IPT 11/14-3 Part 8: Consent and signature(s) Consent to character check with New Zealand Police This authorisation must be signed by you and every person included in the appeal aged 17 years or older. 1. I authorise the Tribunal to seek information from the New Zealand Police about my criminal record and/or character. I authorise the New Zealand Police to provide this information to the Tribunal. 2. Any information provided to the Tribunal by the New Zealand Police may, for the purposes of this appeal, also be provided by the Tribunal to Immigration New Zealand and the Minister of Immigration. Signature of appellant Date (day/month/year) / / Part 9: Principal appellant s declaration Declaration You must sign this part. NOTE: If you are a minor appellant a responsible adult must sign this form section for you. Knowing that it is an
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