Immigration and Protection Tribunal

At a glance

The Immigration and Protection Tribunal (Tribunal) is the specialist body established under the Immigration Act 2009. It determines appeals against decisions made under that Act, liability for deportation, applications by refugee and protection officers and by the Minister, and resolves transitional matters arising from the repeal of the Immigration Act 1987. [D3.1]

Role & responsibilities

• Hear and decide appeals against decisions made under the Immigration Act 2009. [D3.1]
• Determine appeals against deportation liability. [D3.1]
• Consider applications by refugee and protection officers and by the Minister. [D3.1]
• Deal with transitional matters arising from the repeal of the Immigration Act 1987. [D3.1]

Interpretation & edge cases

• The Tribunal's jurisdiction extends to both decision appeals and liability for deportation. [D3.1]
• Transitional matters may require the Tribunal to apply provisions of both the Immigration Act 1987 and the 2009 Act, depending on the circumstances. [D3.1]
• The holder of a limited visa has no right of appeal to the Tribunal either during the period they hold the visa or after the limited visa expires, if they have not been granted a visa of another class or type. [D3.10]
• The Tribunal has no jurisdiction over decisions on transit visas. No appeal lies against any matter relating to a transit visa, and no review proceedings may be brought in any court. [N3.20]

Citations

• D3.1 — Immigration and Protection Tribunal
• D3.10 — No right of appeal for holders of limited visas
• N3.20 — No appeal against refusal of transit visa