Immigration Appeals

Immigration Appeals

You may decide to appeal against a decision made by Immigration New Zealand. Appeals are heard at the Immigration and Protection Tribunal (IPT). It is a legal process that is used to review a decision made by immigration, and is made to the IPT, which is part of the Ministry of Justice. The result of an appeal can be for the decision to stay the same, for the decision to change or for a new decision to be made.

The appeals that are heard by the IPT are:

  • Residence class visa appeals
  • Refugee and protection status appeals
  • Deportation appeals
    1. Resident/Permanent resident
    2. Cancelled refugee and protection status
    3. Humanitarian appeal against deportation

If you have a situation where you think you might be eligible for an appeal, then act quickly and contact us at Immigration Advisers New Zealand. Please note that there are various time frames for appeals and if you are too late, you may have no choice but to leave New Zealand.

Appeal Time Limits

  • Breach of Visa Condition – 28 days after receipt of deportation liability notice
  • Unlawfully in New Zealand – 42 days after becoming unlawful in New Zealand
  • Judicial Review application for review of decision making process – 28 days after date upon which person notified of decision
  • Minister decides he has the cause to cancel Temporary Visa – 28 days to lodge humanitarian appeal after receipt of deportation liability notice
  • Appeal against declination of Residence Visa – 42 days after notification of decision – Notification deemed to occur 7 days after posting of notification
  • Appeal against declination of Residence Visa – address is outside New Zealand – 42 days after notification of decision – notification deemed to occur 14 days after posting of notification