Limited right of reconsideration concerning temporary entry class visas

185 Right of reconsideration if onshore application for further temporary visa declined

(1)

This section applies to a holder of a temporary visa if—

(a)

the holder of the temporary visa (the applicant) is onshore and applies during the currency of that visa for a further temporary visa; and

(b)

the application for the further temporary visa is declined; and

(c)

the Minister did not make the decision to decline the application.

(2)

The applicant may apply in the prescribed manner for a reconsideration of the decision to decline a further visa if, and only if,—

(a)

the application for reconsideration is made not later than 14 days after the date on which the applicant received notice of the decision to decline the further visa; and

(b)

the applicant is still lawfully in New Zealand at the time of the application for reconsideration.

(3)

The decision to decline the visa application must be reconsidered by another immigration officer of equal grade or senior to the one who made the decision, or by the Minister.

(4)

If the decision to decline the visa application is confirmed and no visa is granted following reconsideration under this section, an immigration officer must inform the applicant, in writing, of—

(a)

the decision; and

(b)

in the case of an applicant who still holds a visa, the date on which the person will have an obligation to leave New Zealand; and

(c)

in the case of an applicant who no longer holds a visa,—

(i)

the fact that the person is already obliged to leave New Zealand; and

(ii)

the fact that the person may appeal on humanitarian grounds against his or her liability for deportation not later than 42 days after the date on which the person received confirmation of the decision to decline the visa application.

(5)

The result of any reconsideration under this section of a decision to decline an application for a further temporary visa is final and conclusive, and no further application for reconsideration of that decision may be made.

(6)

The fact that an application for reconsideration has been made under this section does not of itself entitle the applicant to remain in New Zealand after the expiry of the applicant’s current temporary visa, but, until the application for reconsideration has been determined or withdrawn, the person may not be deported.

Compare: 1987 No 74 s 31