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A person onshore applying for a further temporary or residence class visa must hold a current temporary or resident visa. In most situations, a person actually becomes unlawful the day after the day their visa expires.

We created a chart for your better understanding of the options. The explanation may be also found below. Please note that this is a guide only and does not constitute an immigration advise. If you want to speak with an Immigration Adviser about your personal issue, please contact us. The conversation is absolutely confidential.

 

Visa Declined Chart-page-001

If your answer was YES

  1. Reassessment of the case

If you believe that the case was assessed improperly, it is possible to escalate the claim to the Immigration Manager. If you are not satisfied with the branch manager’s response to your complaint you can then take it further by writing to the Deputy Chief Executive – Immigration.

If your complaint is considered at the second stage you will usually get a reply from the senior manager responsible for the area where the branch or work group is located. If that manager has dealt with the complaint before, or they think it is necessary to escalate it, you will receive a reply from the Deputy Chief Executive – Immigration.

 

  1. Lodge new application with resolved concerns

If it seems to you that INZ was fair in their concerns, you may try to resolute the problem and apply again. In the decline letter there is always a reason why INZ was not prepared to grant a visa.

 

  1. Judicial review

This is one of the most powerful options. Judicial review is the review by a judge of the High Court of a decision; proposed decision; refusal to exercise a power of decision. The main purpose of the judge is to determine whether that decision or action was unauthorised or invalid. The downside of this way is a high price – the court fee itself is $700.

 

 

 

If your answer was NO

  1. Exceptional Circumstances -Section 61

This is the best option, as the chance of approval is higher than all other alternatives.

The grant of a visa in a special case under section 61 involves the exercise of a power characterised as being one of ‘absolute discretion’.During the consideration of a s61 request, an immigration officer is not obliged to request any further information or to seek comment prior to an adverse immigration decision being made. A decision can be made solely on the basis of the facts available and the submissions provided with the request.

Requests for visas under section 61 are not “applications” within the scheme of the Act – there is no right to apply, no lodgement requirements or time limits that must be met and no immigration instructions that apply when considering a request.

There is no obligation to consider a request made under section 61. An immigration officer may refuse to consider the request given the information provided. Equally, however, they may consider a request and may ask for more information or evidence to be provided to do so.

 

  1. Appeal on Humanitarian Grounds

You can appeal to the Tribunal if you are unlawfully in New Zealand and Immigration New Zealand has decided you are liable for deportation.

By appealing, you are asking the Tribunal to review Immigration New Zealand’s decision because you think there are humanitarian reasons why you should not be deported.

For your appeal to succeed, you must show the Tribunal that:

a) there are exceptional humanitarian circumstances that would make it unjust or unduly harsh to deport you from New Zealand, and

b) letting you stay in New Zealand would not be against the public interest.

 

 

  1. Claim refugee status

To clame a refugee status you have to have a solid reason. New Zealand provides assistance to two categories of refugee:

Mandated refugees (people determined to be refugees by the United Nations High Commission for Refugees (UNHCR) before arrival in New Zealand); and

Convention refugees (people given refugee status by the New Zealand Government under the 1951 Convention Relating to the Status of Refugees and the 1967 Protocol Relating to the Status of Refugees (see C2.5)).

The Government sets the number of places available for mandated refugees under the Refugee Quota (currently 750 persons per year).

New Zealand also provides assistance to people recognised as a protected person in New Zealand in accordance with certain obligations under the 1984 Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment or the 1966 International Covenant on Civil and Political Rights.

 

  1. Judicial Review

This is one of the most powerful options. Judicial review is the review by a judge of the High Court of a decision; proposed decision; refusal to exercise a power of decision. The main purpose of the judge is to determine whether that decision or action was unauthorised or invalid. The downside of this way is a high price – the court fee itself is $700.