Introduction
If you are in an unfortunate situation where your New Zealand temporary or resident visa application has been rejected, you may be in deeper immigration trouble – this could even end up in your deportation and ban on entering the country ever again.
Your last chance in such cases is to make an Immigration Appeal with the IPT (Immigration and Protection Tribunal) to overturn the decision. Keep reading to see what you can do in such a situation.
What is the role of the IPT (Immigration and Protection Tribunal)?
IPT is an independent body set up to hear appeals made against the decisions taken by the INZ (Immigration New Zealand) in the matters of visa adjudication and deportation – the body also takes up appeals related to recognizing individuals as a refugee or a protected person.
The tribunal is governed by the Ministry of Justice set up by the New Zealand government. A District Court judge is appointed as the head of the IPT. The tribunal has 18 members, each of whom are appointed by the Governor-General on the recommendation of the Minister of Justice.
What kind of Immigration appeals can you make with the IPT? Here are a few of the Immigration Appeals that you can reach IPT for:
- Deportation liability cases
- Verdicts related to residence visas
- Starting or stopping recognition of an individual (also includes New Zealand citizens) as a protected person or as a refugee
Making an immigration appeal against a verdict handed down by Immigration New Zealand is a complicated legal matter. It is not easy to get IPT to overturn the decision made by INZ. You will need a formal, well-documented representation to win your case.
Should you consider making an Immigration Appeal with the IPT?
Of course, you should consider making an Immigration Appeal to the IPT to overturn the denial of your visa application. After all, what do you have to lose? Your New Zealand Visa has already been rejected!
What’s more, the visa application rejection may have been triggered by a reason that can be rectified with expert guidance, for example:
- You made some minor error in following some visa application guidelines
- The visa application was filed under the wrong category and did not address your travel intent
- Immigration New Zealand rejected your application because of some character issues or medical issues.
- You accidentally left out some needed information or made some mistakes during the application process
- For some reason, you could not respond to a PPI (Potentially Prejudicial Information) letter or failed to respond satisfactorily.
Once your visa is rejected, you have the option of either accepting it and leaving the country or fight the verdict.
How long can you wait before making an Immigration Appeal?
Unfortunately, you do not have an unlimited time to make an Immigration Appeal with the IPT.
You must file your Immigration Appeal within a specific time frame, based on the kind of immigration problem you are facing – else you may attract deportation proceedings or even detention.
Here are a few examples of time frames to keep in mind:
| Situation | Time Frame |
|---|---|
| If you are living unlawfully in New Zealand | 42 days |
| If you have violated any terms of your visa | 28 days within receiving a deportation liability notice |
| If you want to apply for a review of a decision | 28 days |
| If you’re going to make a humanitarian appeal to challenge the Minister’s decision to cancel your temporary visa | 28 days within receiving a deportation liability notice |
| If you wish to appeal the rejection of your New Zealand residence visa | 42 days |
How long will it take to get a decision on your Immigration Appeal?
Every case is different, and the time taken varies based on the complexity of the situation. Longer delays may be introduced if you do not provide all the supporting documents or make mistakes in the appeal process, so it is best to work with an immigration expert to prevent delays or failure.
Typically, you can expect residence appeals to be decided with 3-6 months. Humanitarian deportation appeals for non-residents take anywhere between 2-4 months. Our licensed immigration consultants make sure that you do not have to wait forever to get a decision on your Immigration Appeal. We study your case carefully and ensure that all the case submissions are made correctly and in time to get a quick decision from the IPT.
How much does it cost to make an Immigration Appeal?
We provide our Immigration Appeal services at very reasonable rates. Our typical fees for an Immigration Appeal is NZ$ 3,000 – 5,500 (plus applicable GST).