Temporary visa applications will be declined if an immigration officer is not satisfied that an applicant has met all the requirements of the relevant immigration instructions for temporary entry, and an exception to instructions is not justified.

If the applicant is in New Zealand, the immigration officer must give written reasons for declining the application to the applicant or their agent/adviser/representative.

Unsuccessful applicants can ask for the decision to be reconsidered as long as they are in New Zealand lawfully, and make the request within 14 days. While not legally obliged to reconsider offshore declined applications for a temporary visa, immigration officers may do so if new and compelling information is promptly provided.

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 of Immigration.

The result of any reconsideration 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.

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

In the case of an applicant who still holds a visa, they will be told the date on which they are to leave New Zealand.

In the case of an applicant who no longer holds a visa they will be told they are already obliged to leave New Zealand. They will also be told they may appeal on humanitarian grounds against their liability for deportation not later than 42 days after the date on which they first become unlawfully in New Zealand.

Applicants who have been declined residence can usually appeal to the Immigration and Protection Tribunal within 42 days of the date of their decision.

There is no right of review or appeal if an expression of interest in residence does not result in an invitation to apply.

There is no right of appeal if a request made under section 61 of the Immigration Act 2009 is refused.