FREQUENTLY ASKED QUESTIONS
DISCLAIMER
The material contained in Frequently Asked Questions is provided as general information only. The questions are ones that have often been asked by people who have contacted the Residence Review Board. The answers given are intended to be helpful but are provided on the understanding that the Residence Review Board is not offering any professional advice.
The information provided is necessarily brief and in summary form only. Every effort has been made to ensure the accuracy of the material provided. If this information differs from the Immigration Act 1987 or the Immigration Regulations 1999, then the provisions of the Immigration Act 1987 and the Immigration Regulations 1999 prevail. You should read the detailed provisions of the Immigration Act 1987 and the Immigration Regulations 1999, or consult a lawyer or licensed immigration representative about your circumstances.
CONSIDERATION OF THE APPEAL
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How will I know if my appeal has been accepted by the Residence Review Board?
The Residence Review Board will write to acknowledge receipt of your appeal and appeal fee.
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Does the Residence Review Board hold hearings in person?
No. Under section 18F of the Immigration Act, the Residence Review Board must determine appeals "on the papers" and it has no jurisdiction to hold hearings in person. This is why it is very important that you send to the Residence Review Board everything you think is relevant to your appeal within the 42-day appeal period.
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How long will my appeal take?
The Residence Review Board endeavours to determine all appeals as soon as possible. The length of time taken for a decision varies depending on the circumstances of the particular appeal, and how many other appeals are before the Board.
When the Residence Review Board member to whom the appeal is allocated has made a decision, you will receive a letter together with the written decision of the Board which explains in full the reasons for the decision.
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Can I request the Residence Review Board to give my appeal priority?
You can write to the Residence Review Board to request it to consider your appeal with priority, giving your reasons for this. The Residence Review Board will make a decision on your request, and inform you of its decision.
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Will I be able to stay in New Zealand while my appeal is being considered?
The Residence Review Board cannot make any decision about your temporary permit. If you have a current visitor's, work, or student permit you will be able to stay in New Zealand only until your permit expires. You may apply to Immigration New Zealand for a further permit. You do not automatically get a further temporary permit when you make an appeal to the Residence Review Board. You can only get a further temporary permit while your appeal is being considered if you qualify for one under New Zealand temporary permit policy.
You should advise the Board of your overseas address if you leave New Zealand before the decision on your appeal is made.
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I have an appeal with both the Residence Review Board and the Removal Review Authority. Which is decided first?
You can write to the Residence Review Board to request which appeal you want heard first and the Board will consider that request. Otherwise the Residence Review Board will decide which appeal is to be heard first and will advise you in writing.
