Will an applicant awaiting an appeal with the Immigration and Protection Tribunal (IPT) decision be allowed to wait in New Zealand?
If a visa application is declined and the applicant lodges an appeal with Immigration and Protection Tribunal (IPT), will a request to be granted a temporary class visa (under Section 61), to await the IPT decision, be prioritised?
Our process here is highly dependent on the type of Appeal that is lodged. For instance:
- If the appeal is against liability for deportation, granting a visa to the client would void their appeal. In this situation, the Immigration Officer will normally discuss options with you/the applicant and then decide a course of action.
- If the appeal is against a residence decision, the applicant will need to demonstrate why it is necessary for them to remain in New Zealand for the outcome of the appeal.