Immigration Act 2009

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Appeals in relation to residence class visas

187 Rights of appeal in relation to decisions concerning residence class visas
  • (1) There is a right of appeal to the Tribunal against a decision concerning a residence class visa in the following circumstances:

    • (a) an applicant for a residence class visa may appeal against—

      • (i) a decision of an immigration officer to decline to grant the visa (including in the circumstances described in section 190(2)(b)):

      • (ii) a decision by the Minister not to grant a residence class visa if classified information has been relied on in making the decision:

    • (b) a person outside New Zealand who has been granted a resident visa may appeal against a decision to cancel the visa under section 65(1):

    • (c) a person who has been granted a resident visa may appeal against a decision to refuse to grant the person entry permission (including in the circumstances described in section 190(2)(b)).

    (2) However, no appeal lies under this Act in respect of—

    • (a) a decision by the Minister not to grant a residence class visa (except in the circumstances described in subsection (1)(a)(ii)); or

    • (b) a refusal of the Minister or an immigration officer to grant a residence class visa or entry permission to an excluded person; or

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

    • (d) a refusal of the Minister or an immigration officer to grant a residence class visa to a person who has been invited to apply for a visa, if a ground for the refusal is that the Minister or officer determines that the person,—

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

      • (ii) did not ensure that an 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

    • (e) a lapse of an application for a residence class visa or of an expression of interest in obtaining an invitation to apply for a visa; or

    • (f) a revocation of an invitation to apply for a visa.

    (3) Where a person to whom subsection (1)(b) or (c) applies appeals under this section, this Act applies as if the decision were a decision to decline an application for a residence class visa.

    (4) The grounds for an appeal under this section are that—

    • (a) the relevant decision was not correct in terms of the residence instructions applicable at the time the relevant application for the visa was made; or

    • (b) the special circumstances of the appellant are such that consideration of an exception to those residence instructions should be recommended.

    (5) An appeal under this section must be brought not later than 42 days after the date the appellant is notified of the decision appealed against.

    (6) For the purposes of subsection (5), a written notice that is sent by post to an address supplied by the appellant under section 57(2) is treated as having been notified to him or her—

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

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

    (7) Subsection (6) applies unless the appellant proves that he or she was not notified of the decision and the lack of notification did not result from any fault on his or her behalf.

    (8) A person may bring review proceedings in a court in respect of a decision in relation to a residence class visa except if the decision is in relation to—

    • (a) the refusal or failure to grant a residence class visa to a person outside New Zealand; or

    • (b) the cancellation of a resident visa granted outside New Zealand before the holder of the visa first arrives in New Zealand as the holder of the visa.

    Compare: 1987 No 74 s 18C(1)–(3)