When it comes to Appeal and Review, you can choose any of these services:
Residence class visa appeal
Refugee and protection status appeal
Deportation appeal by a resident/permanent resident, or cancelled refugee and/or protection status person
Humanitarian appeal against deportation
If you have had an visa application or request declined and you want to refute the decision, you need to seek any avenue of review available to you.
For example, if you have been declined a temporary visa you can ask for reconsideration as long as you are still in New Zealand lawfully. Make sure to file your request within 14 days since the decline of your visa. If you are not in New Zealand lawfully, you can appeal against deportation to the Immigration and Protection Tribunal (IPT). If you lodge your appeal within 42 days since the date your visa expired, or the date you were notified that a temporary visa reconsideration has been unsuccessful.
If you’ve been declined residence, you can usually appeal to the Immigration and Protection Tribunal (IPT) within 42 days. Your appeal rights are listed in the letter declining your application for residence.
Appeal and Judicial Review If both an appeal on a point of law and a judicial review of proceedings are sought on the same case, the party must lodge the applications for appeal and for judicial review together. The High Court must endeavour to hear both at the same time (unless it is not practical to do so).
It is strongly recommended that legal advice is sought before filing an application for leave to appeal on the point of law or an application for judicial review with the High Court. These appeals and reviews are specialist immigration matters requiring legal advice and support.
Appeal to Court of Appeal Section 246 of the Immigration Act 2009 provides for an appeal to any party when the High Court is dissatisfied with the decision.
This appeal is governed by S66 Judicature Act 1908. It is an appeal on the error in point of law, and the leave of the High Court or Court of Appeal must be sought for this to take place. Section 254 of the Immigration Act 2009 provides for an appeal to the Court of Appeal or the Supreme Court involving Classified Information.
Successful Appeal Case - Declined Resident Visa
A client approached us in August 2018 for their parents' declined resident visa case. They have already contacted several reputable lawyers and were told there is no chance. We took the case and successfully appeal to the Immigration Protection Tribunal (IPT). IPT decided to accept our appeal and sent the application back to Immigration NZ for re-assessment. After months waiting, the resident visa was approved successfully.
The original application was made in 2016 before INZ closed down its Parent Category Resident Visa and the application was declined in July 2018. Our appeal application to IPT was made late August 2018, and it was successful in February 2019. The resident visa was approved in May 2019.
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