R5.55 Declining an application (07/11/2011)

Where an application is being declined because:

1. it does not meet residence instructions or is lapsed under the provisions at R5.50, refer to R5.55.1 and R5.55.5.
2. person included in the application is a person to whom sections 15 or 16 applies, refer to R5.55.15.

R5.55.1 Declining an application where it does not meet residence instructions or is lapsed under the provisions at R5.50

1. Applications that do not meet residence instructions and applications that are considered to be lapsed under the provisions at R5.50 must be declined.
2. If an application is declined, immigration officers must notify the principal applicant in writing, informing the principal applicant:
   1. of the reasons why the application has been declined (giving the points total, if appropriate), and
   2. of their right to appeal to the Immigration and Protection Tribunal and how they should lodge the appeal.

   Note: The form Immigration and Protection Tribunal - Residence Class Visa Appeal (Form 1) or a link to the form on the Ministry of Justice website must be included in the letter advising that the application has been declined.

3. Immigration officers must record the date that any letter advising that the application has been declined is posted.

R5.55.5 Right of Appeal to the Immigration and Protection Tribunal

See also Immigration Act 2009 s 187

1. Appeals must be lodged within 42 days after the date that an applicant is deemed to have received a letter advising that an application for a residence class visa has been declined.
2. Appeals must be lodged on the form Immigration and Protection Tribunal - Residence Class Visa Appeal (Form 1) which contains information on:
   1. how to lodge an appeal,
   2. the required fee,
   3. how the time limit for lodging an appeal is calculated.

Note: There is no right of appeal to the Immigration and Protection Tribunal for applicants who have been declined on the basis that sections 15 or 16 apply to them (see R5.55.15).

R5.55.15 Declining an application where it includes a person to whom sections 15 or 16 apply

1. Pursuant to A5.20, any application including a person to whom sections 15 or 16 of the Immigration Act 2009 apply, must be declined unless covered by one of the exceptions identified at A5.20(a).
2. If an application is declined, immigration officers must notify the principal applicant in writing, informing the principal applicant that the application has been declined as a person included in the application is prohibited by statute from entitlement or eligibility for the grant of a residence class visa by virtue of sections 15 or 16.

   Note: An application declined on this basis shall not be assessed under residence instructions.

3. Immigration officers must record the date that any letter advising that the application has been declined, is posted.

   Note: An applicant to whom sections 15 or 16 apply who is included in an application declined on this basis has no right of appeal to the Immigration and Protection Tribunal, but other applicants included in that application to whom sections 15 or 16 do not apply, may appeal.

Effective 07/11/2011