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Do you have a problem with your visa?

 

If your visa is declined or you have overstayed – you would most likely find it stressful and frustrating. Immigration Officers may be unwilling or unable to properly explain the grounds for refusal and your options for resolving the problem. How can an we help?

Appellate rights is a complex subject, and it is in your best interests to find a representative who is prepared to take on the unique challenges involved with preparing a brief and arguing your case at INZ or lodging an appeal to the Tribunal.

We understand that you will have very fragile issues that must be dealt with in a timely and cost-effective manner. As such, we have provided clients with the representation, positive reputation, and impressive track record that their case demands.

” Immigration Centre team has vast experience dealing with complaints and appeals. Our licensed Immigration Advisers will represent you throughout the process, fighting to achieve a favorable outcome.” 

We understand that you will have very fragile issues that must be dealt with in a timely and cost-effective manner. As such, we have provided clients with the representation, positive reputation, and impressive track record that their case demands.

Section 61

 

What is Section 61?

If you are staying in New Zealand without a visa – INZ may consider granting you a visa under section 61 of the Immigration Act 2009 but only in special cases.

A request from a person who does not hold a visa is not assessed like a visa application. An immigration officer handling a request:

  • has no obligation to consider the request
  • does not have to provide any reasons for their decision to grant or refuse
  • is not obligated to make any enquiries about the information the person has provided in support of the request, or about other information INZ may hold about the person independently of what was provided
  • is not obligated to grant a visa of the type or length requested (for example, they can grant a visitor visa instead of a work visa), and
  • is not obligated to grant a visa even if the person requesting it appears to meet the criteria for a visa under a certain category.

Each request is handled by a senior immigration officer at the INZ Manukau Area Office.

How to make a request

There are no mandatory documents or fees required to make a request, but you should consider providing the following:

  • your personal details such as your name, date of birth and Immigration New Zealand client number so that we can identify you
  • why you remained in New Zealand after your visa expired, any reasons you can’t return to your home country, or another country and apply for a visa from there
  • any information about your personal circumstances, such as family and employment, that support your reasons for wanting to stay in New Zealand, and
  • any information about how your presence in New Zealand can contribute to our country, particularly if you intend to stay here on a long term basis.

It is not necessary to send us your original passport.

What is the cost?

If INZ approve your request in principle, you must pay NZ $365 to have a temporary visa granted, and NZ $870 for each resident visa. The fee is incurred for each person granted a visa (temporary visas for a family of four people would cost $1460). If INZ decide to approve your request in principle and you have not given us your credit card details, INZ will contact you to request the fee.

Appeals

 

What is IPT?

IPT is a short form for The Immigration & Protection Tribunal. This is a type of a court which 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.

How to appeal

There are several different types of appeal you can lodge with the tribunal. Each has its own form to fill out and usually a fee to pay.

Appeals can only be accepted if the form is properly completed, the payment is included and it has been received in time.

Make sure you:

  • fill in the correct form for the type of appeal you are making
  • read the form carefully and fill it in fully (some forms require you to sign twice)
  • include the fee, if applicable
  • send the form and payment details promptly.

The tribunal cannot accept an appeal if the person has no right of appeal.

What is the cost?

Almost all of the Appeals, except those for a refugee and protection status, would cost you $700.

Do you have questions? Send us an email

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