How to appeal a residence class visa decision
If we decline your application for a residence class visa to live in New Zealand, in some cases you may appeal the decision with the Immigration and Protection Tribunal.
If we decline your residence class visa application, you may be able to appeal the decision with the Immigration and Protection Tribunal (the Tribunal). This applies to all residence class visas.
Residence class visas include the:
- Skilled Migrant Category Resident Visa
- Straight to Residence Visa, or
- Permanent Resident Visa.
The Tribunal will review whether it has jurisdiction to consider your appeal and whether your appeal meets the statutory requirements.
The Tribunal is separate from Immigration New Zealand. It makes independent decisions about residence class visa appeals, and other appeals on decisions from us.
Check the Ministry of Justice's website for cost information and more detailed guidance on the process.
Immigration and Protection Tribunal forms and fees — Ministry of Justice
Check if you meet the requirements
You can appeal to the Tribunal if you have received:
- a decision from us declining your application for a residence class visa – unless the decision was based on you being an excluded person
- a decision from us cancelling your residence class visa while you were outside New Zealand because you no longer meet the visa requirements
- a decision from us saying you cannot enter New Zealand even though you already hold a residence class visa, or
- a decision by the Minister of Immigration saying that you cannot have a residence class visa because of classified information (information you cannot see for security reasons).
You can appeal these decisions if you think:
- the decision is not correct, and/or
- you think you have special circumstances so an exception should be made.
You have 42 days to appeal
The Tribunal must receive your appeal, including the fee, within 42 days of the date that we or the Minister notified you of the decision.
If you received the decision by post or courier, the 42 days starts from the date it was delivered to your contact address. The 42 days includes weekends but not public holidays that fall on a weekday or the regional anniversary date where you live.
The Tribunal cannot extend the timeframe for lodgement.
How to make an appeal
Applying online
- Fill out the Residence Appeal form.
- Sign steps 7 and 8 of the form.
- Upload all required supporting documents that the form states you must include.
- Pay your fee.
Residence Appeal online application form — Ministry of Justice
Applying in writing or by email
If you cannot file your appeal using the online form, you will need to download the form from the Tribunal's website or you may be able to get a copy from the Tribunal.
Once you have filled in the form and attached your supporting documents that the form states you must include, you can deliver, email, courier or post your appeal to the Tribunal. The delivery options and contact addresses are written at the end of form.
Residence Appeal downloadable application form — Ministry of Justice
How the Tribunal processes your appeal
Receiving the appeal
When the Tribunal receives your appeal, it will check that everything is correct, including that:
- you have used the right form and signed it
- it has been received in time, and
- you have paid the fee.
The Tribunal will then write to you to let you know either:
- that your appeal has been received and lodged. If this is the case, you do not need to do anything more, unless you want to send the Tribunal more information to support your appeal, or
- that your appeal has been received but you need to correct something.
After your appeal is lodged
The Tribunal sends a copy of your appeal to us or the Minister of Immigration, depending on who made the decision you are appealing. We or the Minister will then give the Tribunal your immigration file.
You can still provide the Tribunal with further information or documents you think will help it to decide your appeal. It is your responsibility to give the Tribunal the information it needs to understand and make a decision.
You must let the Tribunal know in writing if anything changes while you are waiting for its decision (for example, your contact details, if whether a lawyer is representing you changes, or anything relevant to your appeal).
The Ministry of Justice has more information about the Tribunal and how long appeals usually take:
Immigration and Protection Tribunal — Ministry of Justice
Withdrawing an appeal
You can withdraw your appeal any time before the Tribunal lets you know its decision. To do this, you must complete the Withdrawal of Appeal form, or you can send a signed letter to the Tribunal saying you want to withdraw your appeal. If you withdraw your appeal, you will not get back your fee.
Withdrawal of Appeal form — Ministry of Justice
Deciding the outcome of the appeal
The Tribunal will take one of the following actions:
- confirm that the decision was correct
- determine that the decision was incorrect and reverse it (in which case, we must give you a residence class visa)
- determine that the decision was correct but reverse it because of new information made available that changes the decision (in which case, we must give you a residence class visa)
- note that the decision was correct but cancel it because of new information (in which case, it is referred back to us for consideration)
- cancel the decision and refer it back to us because the decision was made based on an incorrect assessment (but the Tribunal is not satisfied that the decision would change)
- confirm that the decision was correct but recommend that your special circumstances warrant consideration by the Minister as an exception to the immigration instructions.
The Tribunal will post or email a copy of the decision to you or your representative (if you have one) and to us or the Minister of Immigration.
Your name and other information that would identify you or family members is not published in the decision on the Tribunal’s website.
If the Tribunal confirms the decision to decline your visa
Once the Tribunal has decided the outcome of your appeal, it can only reconsider its decision if you appeal to the High Court, and the High Court refers the matter back to the Tribunal.
If you disagree with the reasons for the Tribunal’s decision, you can ask the High Court for permission to appeal to it on a point of law or for judicial review. If you want to do this, you should talk to a lawyer.
Applications to the High Court must be made no more than 28 days after you were notified of the Tribunal’s decision. If you do not apply within 28 days, the Tribunal’s decision becomes final.
If your visa expires while you are waiting for a decision
You must have a valid visa to remain in New Zealand. Asking the Tribunal to review its decision about a visa application does not change that or stop your current visa expiring.
If you still have a valid visa, you can submit an application for any visa that fits the purpose of your stay in New Zealand.
If your visa expires, you must leave New Zealand. If you leave New Zealand while your residence appeal is in progress, the appeal can still continue.
If do not have a valid visa while you are appealing a residence class visa decision, you will be unlawfully in New Zealand and the deportation process can still start.