It is one of the many realities of any visa application before the Immigration New Zealand (INZ), and the current 2021 Residence Visa Application is no exception, that some visa application is approve while some visa application is declined for whatever reason by the INZ.
Having your 2021 Residence Visa Application being declined by the INZ could be one of the worst nightmares that any applicant could ever experience. This is so since the grant of any Residence Visa (and eventually Permanent Residence Visa) is the last type of visa that INZ could ever issue to any applicant which is a prerequisite of course for eventually applying for New Zealand citizenship.
So what’s the next legal course of action in case of a declined of a Residence Visa Application?
Appeal To IPT Of The Declined 2021 Residence Visa Application
The next legal move is to lodge an appeal before the Immigration And Protection Tribunal (IPT).
Under Section 187 (1)(a)(i) of the Immigration Act 2009, it is expressly provided the following:
Appeals in relation to residence class visas
187 Rights of appeal in relation to decisions concerning residence class visas
(1) There is a right of appeal to the Tribunal against a decision concerning a residence class visa in the following circumstances:
(a) an applicant for a residence class visa may appeal against—
(i) a decision of an immigration officer to decline to grant the visa (including in the
circumstances described in section 190(2)(b))
The grounds for the IPT appeal as provided under section 187 (4) (a) and (b) are:
(a) The relevant decision was not correct in terms of the residence instruction applicable at the time the relevant application for the visa was made; or
(b) The special circumstances of the appellant are such that consideration of an exception to those residence instruction should be recommended.
So as to lodge the IPT Appeal on time, it must be brought not later than 42 days after the appellant is notified of the decision appealed against. The IPT Appeal Fee is $700.00.
Usually, any Submission and other supporting documents must be submitted to the IPT within the 42 day period.
One’s submission is simply a written explanation why the INZ Decision is not correct or a written explanation regarding your special circumstances that ought to be consider as an exception to the residence and that the IPT should recommend to the INZ the grant of your residence visa.
In sum, the declined of one’s 2021 Residence Visa Application is not the end of the world for the applicant for there are still the remedy of appeal before the Immigration and Protection Tribunal.