Appeals to the Immigration & Protection Tribunal11 Jan 2024

The Immigration & Protection Tribunal (IPT) is responsible for adjudicating appeals related to various immigration matters. This includes decisions pertaining to a negative outcome of residence class visa applications and deportation liability.

The tribunal also addresses cases involving decisions about the recognition of a person as a refugee or protected person, and decisions to cancel the recognition of a New Zealand citizen as a refugee or protected person.

The administrative oversight of the Immigration & Protection Tribunal falls under the purview of the Ministry of Justice.

Pathways® has specialist Licensed Immigration Advisers who can assist with your appeal. It is important to contact us as soon as possible as IPT appeal deadlines are absolute – there are no second chances after the deadline lapses!

Lodging an appeal

Appeals can be lodged online through the Courts of NZ “File and Pay” service. The appeal form will need to be submitted, along with relevant mandatory documents, and the appeal lodgement fee (currently $700) will need to be paid. The IPT will also need to receive two hard copy bundles of the mandatory appeal lodgement documents, full submissions, and supporting evidence in a courier sent after lodgement of the appeal. The advantage of lodging online is that the appeal opportunity is secured. Details on the process for lodging appeals, including the necessary forms, are available on the IPT webpage.

Appeal against a declined residence decision

If your residence visa application to Immigration New Zealand (INZ) has been declined, and you wish to appeal, IPT must receive your appeal no more than 42 days from the date on which INZ notified you of its decision.

If you are considering lodging an appeal on the basis of a declined resident visa application, it is critical to be aware that an INZ residence decision can only be appealed if you believe:

  • a. the Immigration New Zealand decision is wrong because you do satisfy the residence instructions in place when you applied for your visa, and/or
  • b. you have special circumstances that mean the Minister of Immigration should make an exception to those instructions. See section 187(4) of the Immigration Act 2009 to find out more about “special circumstances”.

Understanding whether or not you can reasonably make one of these arguments, and knowing how to do so, can require specialised knowledge. As an appellant, you are permitted to represent yourself in IPT proceedings. However, given the technical expertise and advocacy skills necessary, we recommend representation by either an experienced immigration lawyer, or a licensed immigration adviser. Pathways has a specialist experienced team ready to assist.

Appeal against deportation on humanitarian grounds (non-resident) – unlawful appellants

If you have unlawful status (e.g. because your visa expired or interim visa lapsed) in New Zealand and wish to appeal to the IPT, you should make sure to meet the applicable appeal deadline for your situation. Depending on your circumstances, different timeframes apply. If you are unlawful because you no longer have a valid visa, you have 42 days in which to lodge your appeal. If you have been served a Deportation Liability Notice, your window in which to appeal is only 28 days.

In any case, for your appeal to succeed, you must show the Tribunal that:

  • a. there are exceptional humanitarian circumstances that would make it unjust or unduly harsh to deport you from New Zealand, and
  • b. letting you stay in New Zealand would not be against the public interest.

As with residence visa appeals, if you are a non-resident appealing against deportation, you are permitted to represent yourself, but given the complexities of immigration law, and the severe personal consequences of a failed appeal, we highly recommend that you seek representation. This is our recommendation for any IPT proceedings you may choose to bring, including Deportation Appeal by a Resident/Permanent Resident, Refugee and Protection Status Appeal, or a Deportation Appeal (Cancelled Refugee and/or Protection Status).

If you would like to enquire about making an appeal, or have any questions, please contact Pathways to New Zealand™ at the earliest to discuss your options with one of our specialist Licensed Immigration Advisers .