Appeals

Residence Visa Appeals

You can appeal to the IPT if:

1. Immigration New Zealand has made a decision denying your residence visa application
2. An Immigration New Zealand decision revoking a residence visa granted while you were outside New Zealand due to non-compliance with the residence instructions applicable at the time of your visa application
3. An Immigration New Zealand decision prohibiting your entry into New Zealand despite already holding a residence visa
4. A Minister of Immigration decision disallowing a residence visa based on classified information (information withheld for security reasons that you are not permitted to access).

You may contest these determinations solely under the following circumstances:

1. If you believe the Immigration New Zealand decision is incorrect because you indeed meet the residence instructions in effect at the time of your visa application.
2. If you can demonstrate special circumstances warranting the Minister of Immigration to consider an exception to those instructions.

Deportation appeals

If you have been given a deportation liability notice, you may be able to appeal your deportation to the Immigration and Protection Tribunal.

Whether you can appeal the decision and how long you have to make an appeal will depend on the type of visa that you hold and your circumstances. It is important to know that you cannot appeal if the last visa you held was a limited visa.

If you are in New Zealand unlawfully and would like to appeal, it is essential to do so within 42 days of either becoming unlawful or receiving confirmation of the rejection of your last visa application. If you face deportation for reasons unrelated to being unlawfully present, the standard timeframe for initiating an appeal is typically 28 days, commencing from the moment you receive a deportation liability notice.

The IPT cannot issue visas but following the appeal can contact either Immigration New Zealand or the Minister of Immigration if they believe the decision was incorrect or was correct, however there is new information or special circumstances. They may also turn down your appeal if they agree the decision made by INZ was correct.

While awaiting the outcome of the appeal, you may only remain in New Zealand if you hold a current visa.

How we can help with appeals:

• Advising you regarding appeal rights at the IPT
• Gathering documents, completing relevant forms, and submitting appeals within the given timeframe
• Liaising with IPT to represent you
• Drafting submissions for appeals
• Attending pre-trial conferences for resident deportation appeals
• Appearing before the tribunal to examine and witness, and to provide oral submissions for resident deportation appeals