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 immigration representative about your circumstances.

APPEAL DECISION

  1. What powers does the Residence Review Board have regarding my appeal?

    The Residence Review Board is authorised under section 18D of the Immigration Act to make six types of appeal decisions. These are as follows:

    • Section 18D(1)(a): Confirm that the decision by Immigration New Zealand to refuse your residence visa or residence permit application was correct.
       
      This means that your appeal is unsuccessful.


    • Section 18D(1)(b): Reverse the decision by Immigration New Zealand.
       
      This means that your appeal is successful and you are entitled to a residence permit or visa, subject to any requirements the Board imposes or any normal requirements to produce outstanding documents or any new information that would disqualify you.



    • Section 18D(1)(c):
    Confirm that the decision of Immigration New Zealand to refuse your residence visa or residence permit application was correct, but reverse that decision on the basis of information properly provided to the Residence Review Board in accordance with section 18F of the Immigration Act.
         
      This means that your appeal is successful and you are entitled to a residence permit or visa, subject to any requirements the Board imposes or any normal requirements to produce outstanding documents or any new information that would disqualify you.


    • Section 18D(1)(d):
    Confirm that the decision of Immigration New Zealand to refuse your residence visa or residence permit application was correct, but cancel that  decision and refer the application back to Immigration New Zealand. Immigration New Zealand  must then consider and take into account in its reassessment any additional information  properly provided to the Residence Review Board in accordance with section 18F of the Immigration Act.
         
      This means that you must wait until Immigration New Zealand makes a reassessment to see if you are entitled to the issue of a residence visa or the grant of a residence permit.



    • Section 18D(1)(e):
    Decide that the decision of Immigration New Zealand to refuse your residence visa or residence permit application was incorrect. The Residence  Review Board can cancel the decision and refer the application back to Immigration New Zealand for a correct assessment.
         
      This means that you must wait until Immigration New Zealand makes a reassessment to see if you are entitled to the issue of a residence visa or the grant of a residence permit.



    • Section 18D(1)(f):

    Confirm that the decision of Immigration New Zealand to refuse your residence visa or residence permit application was correct but recommend that your special circumstances warrant consideration by the Minister of Immigration as an exception to applicable Government residence policy.
         
      This means that the Minister of Immigration will decide whether or not you are to be issued a residence visa or granted a residence permit.

  2. How will I know the Residence Review Board's decision?

    Under section 18D(4) of the Immigration Act, you will receive a letter from the Secretariat of the Residence Review Board, together with the Board's written decision, which explains in full the reasons for that decision.

  3. Where do I go to obtain a visa or permit if my appeal is successful and I am entitled to a residence visa or permit?

    Your letter from the Secretariat of the Residence Review Board will tell you where to go to obtain your residence visa or permit.

  4. Can I appeal the Residence Review Board's decision?

    Under section 18D(5) of the Immigration Act, you are entitled to only one decision on your residence appeal and you cannot ask the Residence Review Board to reconsider its decision. However, under section 115 of the Immigration Act, you may appeal to the High Court of New Zealand on a question of law. That appeal must be brought within 28 days after you are notified of the Residence Review Board's decision, unless you make an application to the High Court within that 28-day period for a longer period to bring your appeal.

  5. Can Immigration New Zealand appeal the decision should it be in my favour?

    Yes. Immigration New Zealand may also appeal to the High Court on a point of law under section 115 of the Immigration Act.