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.

LODGING AN APPEAL


Who can Lodge an Appeal?

  1. Who can appeal to the Residence Review Board?

    See section 18C of the Immigration Act.

    Any person whose application for a residence visa or permit has been declined by a visa officer or immigration officer can appeal to the Residence Review Board.

    However, the Residence Review Board has no authority to consider an appeal in respect of:

    (a)

    any refusal or failure of the Minister or a visa officer or an immigration officer to issue an invitation to apply for residence; or

    (b)

    an application, from a person who has been invited to apply for residence, which is declined and a ground for the decision is that the Minister or officer is satisfied that the person:

     

    (i)

    whether personally or through an agent, in expressing his or her interest in obtaining an invitation to apply for residence submitted false or misleading information, or withheld relevant information that was potentially prejudicial to the person; or

     

    (ii)

    did not ensure that a visa officer or immigration officer was informed of any material change in circumstances between the time of expressing interest and the time of the person's application for the relevant visa or permit; or

    (c)

    the lapsing of an application for residence; or

    (d)

    the lapsing of an expression of interest in obtaining an invitation to apply for residence; or

    (e)

    the revocation of an invitation to apply for residence ; or

    (f)

    an application which includes a person to whom section 7(1) of the Immigration Act applies; or

    (g)

    an application from a person to whom section 129U of the Immigration Act applies.


    Please note that there are other restrictions on the Residence Review Board’s jurisdiction and authority to hear an appeal. You should read the Immigration Act which can be accessed through this website, or contact the Residence Review Board directly.

  2. What if the Minister of Immigration has refused me a residence visa or permit?

    Under section 18C(2) of the Immigration Act you cannot appeal to the Residence Review Board if the Minister of Immigration has refused you a residence visa or permit.

  3. Who may I include in my appeal?

    You may include other family members in your appeal if they were also included in your application for residence.  If other family members made separate applications for residence, they must make separate appeals.

  4. May I include someone on my appeal form not previously included in my Immigration New Zealand application?

    No. You may not include anyone who was not included in your original application (unless it is a child who is born or adopted after the application was declined, but either before the appeal is lodged, or before the appeal decision is made).

 

How to Lodge an Appeal

  1. What are the requirements for my appeal?

    Section 18C(3)(a)-(c) of the Immigration Act requires that an appeal to the Residence Review Board must be:

    • made in the correct (or "prescribed") manner; and

    • accompanied by the correct (or "prescribed") fee; and

    • made within 42 days after the date you (the appellant) were notified of the refusal to issue the residence visa or grant the residence permit.

    You must use the official appeal form, approved by the Minister of Immigration.

    You must sign the form.

  2. Where can I obtain an appeal form?

    You should receive an appeal form with the letter from Immigration New Zealand notifying you of its decision to decline your application for residence. You can also obtain appeal forms in the following ways:

    • Downloaded from this website at Appeal Form (PDF 46k);

    • From the Residence Review Board itself (by writing, faxing or telephoning), or from branch offices of Immigration New Zealand
      and New Zealand overseas diplomatic and consular offices;

    • The form can be downloaded from the website of Immigration New Zealand
      www.immigration.govt.nz/migrant/general/formsandfees/formsandguides/other.htm

  3. What if I do not use the appeal form?

    If the official appeal form is not used, your appeal cannot be accepted.

  4. What language should I use when completing my appeal form?

    English.

  5. How can I send my appeal to the Residence Review Board?

    The appeal can be sent in any one of the following ways:

    By post or courier to the Residence Review Board's post box number with the fee or credit card details.

    By facsimile to the Residence Review Board's fax number with credit card details for payment of the appeal fee. You must also post the completed original appeal form, payment details and submissions to the Residence Review Board's postal address.

    By delivering it in person to the Residence Review Board's street address in Wellington during office hours which are from 8.30 am to 5.00 pm, Monday to Friday.

  6. Who can fill out my appeal form?

    This is a matter for you to decide. You can fill it out yourself or, if you want help, you can ask a licensed immigration adviser, or a person who is exempt from the requirement to be licensed. If you use a licensed adviser or a representative, that person must give his or her details in the form. However, you, the appellant must sign the form. In the case of an appeal by a person under 17 years of age a responsible adult for the appellant must sign the form

    What if I am under 17 years old?

    Under section 141B of the Immigration Act, as a dependent child under 17 years who is appealing in your own right, your interests are to be represented by a responsible adult. If you have a parent in New Zealand then that parent will usually be the responsible adult. If you do not have a parent to represent your interests, a responsible adult will be nominated by the Board. The responsible adult must sign the appeal form.

 

Representatives and Correspondence

  1. Who can be my representative?

    Your representative must be either a licensed immigration adviser or a person who is exempt by law from the requirement to be licensed. You may nominate this person as your representative in either in your appeal form or in a separate letter. You must make sure you clearly sign the letter in which you nominate the representative.


  2. How do I know if my representative is a licensed immigration adviser?

    A list of all licensed immigration advisers can be found on the Immigration Advisers Authority register: www.iaa.govt.nz/adviser-register


  3. Who is exempt from the requirement to be licensed?

    Section 11 of the Immigration Advisers Licensing Act states that the following people are exempt from the requirement to be licensed as an immigration adviser:

    • persons who provide immigration advice in an informal or family context only
    • lawyers
    • current members of Parliament and their staff
    • foreign diplomats and consular staff
    • public service employees who provide immigration advice within the scope of their employment agreement
    • staff of community law centres or citizens advice bureaux

    Offshore advisers who give advice about New Zealand immigration matters are also currently exempt, but these people must be licensed from 4 May 2010 (see section 8 of the Immigration Advisers Licensing Act).



  4. What happens if my representative is not licensed or exempt?

    If your representative is not a licensed immigration adviser and is not exempt, the Residence Review Board is not able to accept your appeal. The Residence Review Board will attempt to contact you in person and notify you in writing of this fact, and will advise you how your appeal may be relodged or advanced in an acceptable manner.

     

    Please note that the Board is unable to extend the appeal period of 42 days. If your appeal is unable to be accepted by the Board you must relodge it within the 42 days after you were notified of the INZ decision to refuse to issue a residence visa or grant a residence permit.


  5. What if I want to change my representative or represent myself?

    If you wish to change your representative:

    • you can write to the Residence Review Board with the name and address of the new representative. You must sign the letter; or

    • your new representative can write on your behalf to the Residence Review Board. The letter must also include your written advice confirming that the new representative is now acting on your behalf.

    If you wish to now represent yourself:

    • you must write to the Residence Review Board advising that the named representative is no longer acting for you.
    You must include your current postal address and sign the letter.


  6. Will the Residence Review Board be writing to my representative or me about matters concerning my appeal?

    The Residence Review Board will send all correspondence to the address nominated by you in Question 9 of the appeal form.


  7. What if I change my address?

    You must keep the Residence Review Board informed of the address to which any letter about your appeal should be sent. If you change your address after you have lodged your appeal you must tell the Residence Review Board in writing of your new address as soon as possible.


  8. Where will correspondence be sent if I leave New Zealand before my appeal is decided?

    Correspondence will be posted to the address provided in Question 9 of the appeal form unless you advise the Residence Review Board in writing of your overseas address and that you wish to have your mail sent there.

 

Appeal Fees

  1. What is the fee for an appeal?

    The fee for an appeal to the Residence Review Board against a decision under any category of Government residence policy is NZ$700.

  2. What are the acceptable forms of paying the appeal fee?

    The appeal fee must be paid in New Zealand dollars or the equivalent amount in US dollars. Payment can be made in the following ways:

    • bank draft or bank cheque

    • personal cheque

    • business cheque

    • credit card (MasterCard or Visa only)

    • cash

    If paying by cheque or draft, make it payable to: Residence Review Board.

    If the Board has any difficulty with your method of payment, for example there are insufficient funds in your account and your personal cheque does not clear or the credit payment is not accepted by the bank, your appeal can not be accepted.

 

Time Period for Lodging an Appeal

  1. When must my appeal be received?

    Under section 18C(3)(c) of the Immigration Act, the Residence Review Board must receive your appeal, on the official appeal form with the appropriate fee and the information, evidence and submissions you wish to provide, within 42 days after the date you received the letter telling you a visa or immigration officer has refused to issue a residence visa or grant a residence permit.

  2. When are the 42 days for my appeal counted from?

    Under section 18C(4) of the Immigration Act, an applicant is assumed to have received notice of the refusal to issue a residence visa or grant a residence permit:

    • 14 days from the date the letter from the Immigration New Zealand was posted if posted to an address outside New Zealand. The 42-day period is counted from the 15th day after posting.

    • 7 days from the date the letter from the Immigration New Zealand was posted if posted to an address in New Zealand. The 42-day period is counted from the 8th day after posting.

  3. Are weekends and public holidays included in the calculation of the 42 days within which I must lodge my appeal?

    Under section 2(2) of the Immigration Act, Saturdays and Sundays are counted as part of the 42 days, but the following New Zealand public holidays are not counted if they fall on a week day:

    • New Year's Day

    • Day after New Year's Day

    • Wellington Anniversary Day

    • Provincial Anniversary Day (if you are in New Zealand
      - as observed in the province where you live)

    • Waitangi Day

    • Good Friday

    • Easter Monday

    • Anzac Day

    • Sovereign's Birthday

    • Labour Day

    • Christmas Day

    • Boxing Day

    • Departmental holidays*

    * Departmental holidays are holidays observed by the Department of Labour and the Appeal Authorities Secretariat
       usually between Christmas and New Year.

  4. Can the Residence Review Board accept a late appeal?

    No. Section 18C(3)(c) of the Immigration Act is clear. The only exception the Residence Review Board has for accepting late appeals is where you can prove that, through no fault of your own, you were not notified of the refusal to issue a residence visa or permit by Immigration New Zealand within the assumed statutory period allowed in section 18C(4) for receiving the notice by post. In such a situation, the 42-day period commences when you receive notice of the refusal.

 

Grounds of Appeal

  1. On what grounds may I appeal?

    Under section 18C(1) of the Immigration Act, there are two grounds on which you may appeal:

    (a) that the decision to refuse you a residence visa or permit was not correct in terms of
         the Government residence policy applicable at the time your application was made; and/or

    (b) that your special circumstances are such that an exception to that Government residence
         policy should be considered.

  2. What should I put in my appeal?

    Answer every question and complete every section in the appeal form. If there is insufficient space attach a separate sheet. Include with the appeal form all information, evidence and submissions you wish to have considered in support of your appeal. You should write on your appeal form:

    • all the reasons why you think Immigration New Zealand's decision to decline your residence application was wrong; and/or

    • why you think your special circumstances warrant an exception being made to Government residence policy.

  3. Can children included in an appeal make submissions?

    Yes. Question 16 of the appeal form provides an opportunity for each child included in an appeal to express his or her views on the appeal.

  4. What documents or other material can I include with my appeal form?

    You must send us everything you think is relevant or important to your appeal. Written or other material may include, but is not limited to:

    • submissions

    • statements of evidence

    • photographs

    • letters of support

    • medical reports

    Remember: the Residence Review Board is not obliged to consider any information received after the 42-day appeal period.

  5. Should I send copies or originals of documents?

    Please send certified copies of the originals of any official documents such as birth certificates and passports. Certified copies must be witnessed and signed as true copies of the originals by a person who is authorised to do so by law, for example, a solicitor, justice of the peace or notary public. Please send originals of medical reports, references and letters of support.

  6. What language should I use when providing information?

    English. If information, evidence or submissions in another language are included with the appeal, then a translation of these documents by a recognised translation agency must also be included.

  7. Can I appeal under a different policy category from my original application?

    No.

  8. Can the Residence Review Board consider information that was not provided to Immigration New Zealand?

    If you have additional information you should first consider very carefully whether it is better to appeal or to make a new application to Immigration New Zealand. This is because there are restrictions on the new information that may be considered by the Residence Review Board. You may wish to seek professional advice from a lawyer or immigration consultant.

    The following explains the rules that apply to the Residence Review Board:

    Under section 18F of the Immigration Act, the Residence Review Board cannot consider information or evidence provided by you which was not provided to Immigration New Zealand before its decision to decline your application, unless it is satisfied that:

    • the information or evidence existed at the time the decision was made and would have been relevant to the making of the decision; and

    • you could not, by the exercise of "reasonable diligence", have provided it to Immigration New Zealand at the time it made
      its decision; and

    • in all the circumstances, it is fair to consider this information or evidence; or

    • the Residence Review Board considers it is necessary for it to have the information or evidence for the purposes of considering whether
      there are special circumstances that warrant consideration by the Minister of Immigration as an exception to the applicable Government
      residence policy.

  9. Can I send information to the Residence Review Board after I have lodged my appeal?

    Perhaps. If your circumstances change or you wish to provide further evidence, you should inform the Residence Review Board. However, you should be aware that the Residence Review Board must follow section 18F of the Immigration Act, which sets out the procedure to be followed in an appeal.

    Under section 18F(2) of the Immigration Act, any information, evidence or submissions that you wish to have considered in support of your appeal must reach the Residence Review Board within the 42-day appeal period. If you need an extension of time, for instance, if a medical report has been requested but it has not arrived within the 42-day appeal period, you should explain this in writing to the Residence Review Board when the appeal is lodged.

    After the 42-day period of time has expired, the Residence Review Board is not obliged to consider any material supplied by you other than information requested by the Board and supplied by you within such time as the Board may specify; or information provided by way of rebuttal or comment to prejudicial information obtained by the Board, under section 18F(7) of the Immigration Act.

  10. My circumstances have changed since I made my residence application. Can the Residence Review Board take those changed circumstances into account?

    If the Residence Review Board considers a "particular event" has occurred after your application was declined and it materially affects your eligibility for residence, and it is fair to do so, the Residence Review Board may refer your case back to Immigration New Zealand for a new assessment (section 18F(6) of the Immigration Act).

  11. What happens if I give false information in my appeal?

    You commit an offence under section 142 of the Immigration Act if you make a statement in your appeal or provide information or evidence including any document you know is false or misleading. If convicted, you could face imprisonment or be fined. You also put your residence appeal at risk, as you may not meet the character provisions of Government residence policy.

  12. Will Immigration New Zealand know if I appeal to the Residence Review Board?

    Yes. Under section 18F(3)(a) of the Immigration Act, the Residence Review Board must give the Secretary of Labour of which Immigration New Zealand is a division, a copy of the notice of appeal and any information, evidence or submissions lodged by you as part of the appeal.

  13. Do I need to send a copy of my Immigration New Zealand file to the Residence Review Board?

    No. Under section 18F(3)(b) of the Immigration Act, the Residence Review Board receives the files relating to your application for residence held by Immigration New Zealand.