Appeals against declined decisions
There are occasions when Immigration New Zealand may decline applications. There is scope for declined decisions to be challenged if there are sufficient compelling and substantial reasons to argue the decision.
There are different avenues available to either apply for re-consideration (mainly on temporary visa applications) or to go to the Immigration & Protection Tribunal (IPT) as well as requesting special directions from Minister of Immigration. Not all declined applications can be challenged as INZ officers do exercise due diligence when declining an application, therefore you will need specialist advice from us to check whether it’s worth applying for reconsideration or review by IPT.
We are happy to represent you when appealing to the tribunal against a decision made by Immigration New Zealand .
The Immigration & Protection Tribunal hears and determines appeals concerning:
- decisions about residence class visas
- decisions about the recognition of a person as a refugee or protected person
- liability for deportation
- decisions to stop recognising a person as a refugee or protected person
- decisions to cancel the recognition of a New Zealand citizen as a refugee or protected person.
The tribunal is administered by the Ministry of Justice. The tribunal is chaired by a District Court Judge appointed by the Governor-General on the recommendation of the Attorney-General. It has 18 members, appointed by the Governor-General on the recommendation of the Minister of Justice.
The Tribunal is currently taking an average of 7 months to determine a residence appeal.
What is a residence visa appeal?
You can appeal to the Tribunal if you have received:
- a) an Immigration New Zealand decision saying you cannot have a residence visa, or
- b) an Immigration New Zealand decision cancelling a residence visa granted when you were outside New Zealand because you no longer meet the residence instructions in place when you applied for your visa, or
- c) an Immigration New Zealand decision saying you cannot enter New Zealand even though you already hold a residence visa, or
- d) a decision by the Minister of Immigration saying that you cannot have a residence visa because of classified information (information you are not allowed to see for security reasons).
For what reasons can I appeal?
You can appeal these decisions only if you think:
- a) the Immigration New Zealand decision is wrong because you do satisfy the residence instructions in place when you applied for your visa, and/or
- b) you have special circumstances that mean the Minister of Immigration should make an exception to those instructions.
See section 187(4) of the Immigration Act 2009 to find out more about “special circumstances”.
What can the Tribunal decide?
After it reviews your appeal, the Tribunal will either:
- turn down your appeal because it agrees the decision made was correct; or
- agree the decision was correct, but ask the Minister of Immigration to consider giving you a visa because of your special circumstances; or
- agree the decision was correct at the time it was made, but send it back to Immigration New Zealand because there is new information about a particular event that happened after the decision was made; or
- decide the decision was wrong and send it back to Immigration New Zealand so they can consider the application again; or
- decide the decision was wrong, and direct Immigration New Zealand to grant you a visa.
For more information please feel free to contact us.
Immigration Management New Zealand. Phone: +64 (0) 2102299588Contact Us