My New Zealand visa application was declined. What should I do?

If your New Zealand visa application has been declined by Immigration New Zealand (“INZ”), then you need to consider your next steps carefully and, in most cases, act quickly.

Your options will depend on a variety of circumstances including the type of visa you applied for, your location, whether you still hold a valid visa (if you’re already in New Zealand), and how long it’s been since your application was declined.

There will also be a wide range of other questions to consider including for example:

• The reasons why your application was declined – e.g. did you not meet the INZ requirements for the relevant visa category or did you not provide sufficient evidence to demonstrate you meet the requirements or did you fail to meet other, generic requirements such character or health?;

• Whether INZ’s decision was incorrect, including whether there was any procedural unfairness;

• Whether you have “special” or “exceptional humanitarian circumstances” or there are other compelling reasons why you should be granted a visa.

If you’re outside of New Zealand when your application for a temporary (i.e. visitor, work or student) visa has been declined, there is no right of appeal or reconsideration in respect of that decision and you’ll normally need to reapply to INZ (or, potentially, approach the Minister of Immigration).

However, I would strongly recommend seeking specialist advice from an immigration lawyer before re-applying for a visa. Frequently, I’m contacted by individuals who’ve had multiple applications declined, which is not only a big waste of time and money but usually creates more problems (for example, inconsistencies / discrepancies in the information or evidence provided across the different applications).  

What are the potential options available?

For declined temporary visa applications for people who are already in New Zealand, there is a limited right of reconsideration, as long as the reconsideration application is made not later than 14 days after the date on which you received notice of the decision to decline your further visa; and you are still lawfully in New Zealand at the time of the application for reconsideration. 

If you’ve become unlawful in New Zealand, you may be able to appeal to the Immigration & Protection Tribunal (“IPT”) on humanitarian grounds, which are that there are “exceptional circumstances of a humanitarian nature that would make it unjust or unduly harsh” for you to be deported from New Zealand and “it would not in all the circumstances be contrary to the public interest” to allow you to remain in New Zealand. Humanitarian appeals must be lodged within 42 days after first becoming unlawfully in New Zealand.

If you’re unlawful in New Zealand and there is no deportation order in force in respect of you, then it might be possible to lodge with INZ a request, pursuant to Section 61 of the Immigration Act 2009 (known as a “Section 61 Request”), that INZ exercises its “absolute discretion” to grant to you a visa. In the event your Section 61 Request is refused, it might be possible to approach the Minister of Immigration to request a “special direction” in favour of granting to you a visa.

 In most cases, decisions by INZ to decline a Residence Visa application can be appealed with the IPT not later than 42 days after the date you’ve been notified of the decision appealed against. The grounds for an appeal can be that the relevant decision was incorrect in terms of the residence instructions applicable at the time your visa application was made; or your special circumstances are such that consideration of an exception to those residence instructions should be recommended.

The above is not intended to be an exhaustive list of all potential options. Also, the above options are complex and, again, I’d strongly recommend you seek specialist advice from an immigration lawyer before proceeding with any of them. In particular, you’ll need expert advice as to your potential options, the chances of success under any potential option, and – should you decide to proceed further - a clear strategy and plan for preparing the most compelling application, request or appeal (as the case may be).

As I’ve mentioned HERE, every client and case is different, and while some clients have both the will and means to “fight to the very end”, others do not. This can be for a variety of reasons including stress, financial pressures, and low chances of success. That’s why, before representing you in any request to Immigration New Zealand, the Immigration Minister, or an IPT appeal, I will carefully assess the merits of your case and provide you with a frank and honest view of your chances of success and what it will involve (including the likely costs), so you can make a fully informed decision about whether or not you wish to proceed.

Contact me HERE to arrange a free call to discuss whether I can assist and whether you might benefit from an initial consultation.