Immigration Act 1987

  • repealed
  • Immigration Act 1987: repealed, at 2 am on 29 November 2010, by section 404 of the Immigration Act 2009 (2009 No 51).
18C Appeals to Board against refusal of residence visa or permit
  • (1) Where a visa officer or immigration officer has refused to grant any application for a residence visa or a residence permit, being an application lodged on or after the date of commencement of the Immigration Amendment Act 1991, the applicant may appeal against that refusal to the Residence Review Board on the grounds that—

    • (a) the refusal was not correct in terms of the Government residence policy applicable at the time the application for the visa or the permit was made; or

    • (b) the special circumstances of the appellant are such that an exception to that Government residence policy should be considered.

    (2) No appeal shall lie under this section in respect of any refusal by the Minister to issue a residence visa or grant a residence permit.

    (2A) No appeal lies under this section in respect of—

    • (a) any refusal or failure of the Minister or a visa officer or an immigration officer to issue an invitation to apply for residence; or

    • (b) any refusal or failure of the Minister or a visa officer or an immigration officer to issue a residence visa or grant a residence permit to a person who has been invited to apply for residence if a ground for the refusal or failure is that the Minister or officer is satisfied that the person,—

      • (i) whether personally or through an agent, in expressing his or her interest in obtaining an invitation to apply for residence submitted false or misleading information, or withheld relevant information that was potentially prejudicial to the person; or

      • (ii) did not ensure that a visa officer or immigration officer was informed of any material change in circumstances between the time of expressing interest and the time of the person's application for the relevant visa or permit; or

    • (c) any lapse of an application for residence or of an expression of interest in obtaining an invitation to apply for residence; or

    • (d) any revocation of an invitation to apply for residence.

    (3) The Board shall not consider an appeal under this section unless the appeal—

    • (a) is made in the prescribed manner; and

    • (b) is accompanied by the prescribed fee (if any); and

    • (c) is brought within 42 days after the date the appellant was notified of the refusal to issue the residence visa or, as the case may be, grant the residence permit.

    (4) For the purposes of subsection (3)(c) of this section, any written notice of a refusal to issue a residence visa or grant a residence permit that is sent by post to an address supplied by the applicant for the visa or permit in that behalf shall be deemed to have been notified to the applicant—

    • (a) 7 days after the date on which the notice was posted, where the address is in New Zealand; or

    • (b) 14 days after the date on which the notice was posted, where the address is outside New Zealand,—

    unless the applicant proves that, otherwise than through fault on the applicant's part, the applicant was not so notified.

    (5) The appellant shall supply to the Board an address at which any communication relating to the appeal may be notified to the appellant.

    (6) The provisions of section 18F of this Act shall apply in relation to any appeal under this section.

    (7) An appeal under this section may at any time be withdrawn by notice in writing to the Board.

    Section 18C: inserted, on 18 November 1991, by section 9 of the Immigration Amendment Act 1991 (1991 No 113).

    Section 18C heading: amended, on 9 September 2003, by section 12(2) of the Immigration Amendment Act (No 2) 2003 (2003 No 47).

    Section 18C(1): amended, on 9 September 2003, by section 12(2) of the Immigration Amendment Act (No 2) 2003 (2003 No 47).

    Section 18C(2A): inserted, on 9 September 2003, by section 13 of the Immigration Amendment Act (No 2) 2003 (2003 No 47).

    Section 18C(3): amended, on 9 September 2003, by section 12(2) of the Immigration Amendment Act (No 2) 2003 (2003 No 47).

    Section 18C(5): amended, on 9 September 2003, by section 12(2) of the Immigration Amendment Act (No 2) 2003 (2003 No 47).

    Section 18C(7): amended, on 9 September 2003, by section 12(2) of the Immigration Amendment Act (No 2) 2003 (2003 No 47).