If you have been refused entry to New Zealand or have had an application for a visa rejected by New Zealand Immigration, you may have grounds to appeal the decision. You may also be able to make a new application for the same visa, or to apply for a different visa.
Understanding your options and the documentation and supporting evidence required for a New Zealand visa application is important, especially so if you have previously had an application for a visa denied.
Book a consultation with our trusted NZ Immigration Consultant to discuss your specific needs and circumstances, and get expert advice on your options before lodging an appeal or making a new visa application.
Alternatively, you may wish to provide some details of your case via the form below and a member of the team will email or call back to discuss your case.
Your options after a New Zealand visa decline
Which option you have depends on the type of visa, where you were when the decision was made and whether you still hold a valid visa. Time limits are strict and are counted from the date you were told about the decision, so check your decision letter straight away.
| Your situation | Main option | Time limit |
| Work, student or visitor visa declined while you were in New Zealand, and you still hold a valid visa (including an interim visa) | Ask Immigration New Zealand to reconsider the decision (fee NZD $220) | Within 14 calendar days of receiving the decision |
| Temporary visa declined while you were outside New Zealand | No right of reconsideration or appeal. You can make a new application that deals with the reasons for the decline | No set limit |
| Residence class visa declined (for example Skilled Migrant Category, Straight to Residence or Permanent Resident Visa) | Appeal to the Immigration and Protection Tribunal (IPT) | Within 42 days of being notified. The Tribunal cannot extend this |
| Your visa has expired and you are now in New Zealand unlawfully | Humanitarian appeal against deportation to the IPT (not available if your last visa was a limited visa) | Strict time limits apply, so get advice immediately |
| You have been served with a deportation liability notice | Appeal to the IPT, on the facts and/or humanitarian grounds depending on your status and the reason for the notice | Often 28 days, depending on the type of liability |
| No appeal right left, or exceptional circumstances | A request for Ministerial intervention | The Minister has full discretion and does not have to consider the request |
Appealing a residence decision to the Immigration and Protection Tribunal
The IPT is an independent tribunal, separate from Immigration New Zealand. On a residence appeal you can argue one or both of these grounds:
- The decision was not correct: Immigration New Zealand applied residence instructions wrongly, misunderstood your evidence or did not follow a fair process.
- Special circumstances: your circumstances are special enough that the Tribunal should recommend to the Minister of Immigration that you be granted residence as an exception to the rules.
Your appeal and the lodgement fee must reach the Tribunal within 42 days. Weekends count in that period, but weekday public holidays do not. The fee is set by the Ministry of Justice and is not refunded if you withdraw.
An appeal does not extend your current visa. If your temporary visa expires while the appeal is being decided, you will be in New Zealand unlawfully, so you need to keep your visa status under control at the same time. We can help you plan a further temporary visa or an interim visa where one is available.
Before declining an application, Immigration New Zealand will usually tell you about any potentially prejudicial information (PPI) and give you a chance to comment. A strong, well-evidenced PPI response is often the best chance to avoid a decline in the first place.
Common questions about visa declines and appeals
Should I appeal or just apply again?
If your circumstances have changed (for example you now have a new job offer, a higher salary or extra evidence), a new application is often faster and simpler than an appeal. If you believe the decision was wrong on the evidence you gave, an appeal or reconsideration may be the better route. A new application means paying the visa fee again, so we compare the cost, timing and chance of success of each option with you.
Can I be deported while my reconsideration is being decided?
A request for reconsideration of a temporary visa decision made in New Zealand must be made before your current visa expires. While the reconsideration is underway you cannot be deported. If the decline is upheld, you need to leave New Zealand or take further action within the time limits that apply.
Can I complain to the Ombudsman?
The Ombudsman can look at some temporary visa decisions, such as refusals and cancellations of temporary visas. The Ombudsman cannot investigate residence, deportation or refugee decisions, because those can be taken to the Immigration and Protection Tribunal.
Can I take my case to the High Court?
Judicial review in the High Court looks at how a decision was made, not whether it was the right outcome. It is generally not available if you were outside New Zealand when the visa was refused, it is usually slow and expensive, and if you succeed the court normally orders a new decision rather than granting a visa.
What is Ministerial intervention?
The Minister of Immigration (or an Associate Minister) can make exceptions in some cases, for example granting a visa to a person who is in New Zealand unlawfully. These requests are completely discretionary: the Minister does not have to consider them or give reasons. They work best as a last resort with strong humanitarian or compelling circumstances, clearly presented.
How can VisaEnvoy help with a declined visa?
Our licensed immigration advisers review your decision letter and file, confirm which option and time limit applies, and prepare the reconsideration request, appeal submissions or new application with the evidence needed to address the reasons for the decline. Send us your decision letter as soon as you receive it, because the time limits are short.
