2015-Jul 10: Final Decision Date for Declined Residence Applications

Visa Pak 219 - Information about Final Decision Date for Declined Residence Applications as it may impact when Immigration New Zealand must accept further information from a client, as well as the timeframe a client has to lodge an appeal with the Immigration Protection Tribunal

Visa Paks

10 July 2015

Final Decision Date for Declined Residence Applications

The date the decision to decline a residence application is finalised affects when Immigration New Zealand must accept further information from a client, as well as the timeframe a client has to lodge an appeal with the Immigration Protection Tribunal. Because of this, it is important that all Visa Services staff are aware of when a declined application decision is considered to be final.

As per R5.60(a) of the Immigration Instructions, a declined residence application’s final decision date is the same date the letter is sent advising the applicant that the application has been declined. This impacts immigration officers (IOs) because R5.20.1(a) of the Immigration Instructions states that all information received prior to the final decision date (i.e. the date the letter is sent out advising the applicant that the application has been declined) must be considered when making a decision.

Therefore, if an application has been recommended for decline (even if it has been through the second person check process) but new information is received prior to the decline letter being sent out, then the IO must take the new information into consideration – regardless of whether or not the information was received after deadlines stated in correspondence.

Action

Please discuss this advice with your team(s) and ensure that all processing officers follow this advice.