Section 61, Visa Declines, IPT Appeals & other Complex Immigration Matters
An adverse immigration decision does not necessarily mean that every option has ended. However, the appropriate response depends on the decision made, your immigration status, the rights available and the time remaining to act.
Trusthaven Immigration assists with matters involving:
-
Immigration and Protection Tribunal appeals
-
Section 61 requests
-
Potentially prejudicial information responses
-
Character and medical waivers
-
Visa declines and reconsiderations
-
Deportation liability
-
Unlawful status and immigration compliance
-
Previous nondisclosure or inconsistent information
These matters require more than submitting additional documents. Your decision, immigration history and current circumstances must first be examined to determine which response may be available.
Act Before Your Options Expire
Immigration appeals, reconsideration requests and deportation matters can be subject to strict deadlines.
The applicable deadline may depend on:
-
The type of decision
-
When and how you were notified
-
Whether you are in New Zealand
-
Your current immigration status
-
Whether deportation liability has arisen
-
The review or appeal right available
Missing a deadline or allowing a visa to expire can significantly reduce your options.
If you have received a decline, deportation notice, potentially prejudicial information letter or another formal communication from Immigration New Zealand, obtain advice promptly.
Identifying the Correct Response
Not every adverse immigration outcome should be approached in the same way.
Depending on the circumstances, the appropriate response may involve:
-
Responding before Immigration New Zealand makes a decision
-
Requesting reconsideration of an eligible temporary visa decision
-
Appealing a residence decision
-
Appealing against deportation liability
-
Preparing a new visa application
-
Requesting consideration under section 61
-
Addressing health or character concerns
-
Correcting inaccurate or incomplete information
-
Obtaining advice from a lawyer about a court proceeding
A reconsideration is not the same as an appeal. A Section 61 request is not a substitute for maintaining lawful status. Submitting another visa application may also be inappropriate if the reasons for an earlier decline have not been properly addressed.
Trusthaven Immigration can review the matter and identify which options may realistically be available.
Immigration and Protection Tribunal Appeals
The Immigration and Protection Tribunal is an independent tribunal administered by the Ministry of Justice.
Depending on the circumstances, it hears appeals concerning:
-
Residence-class visa decisions
-
Liability for deportation
-
Refugee and protected-person matters
-
Decisions affecting recognition as a refugee or protected person
The grounds of appeal, filing requirements, available remedies and deadline depend on the type of decision and the person’s immigration status.
Not every adverse immigration decision carries a right of appeal to the Tribunal.
Types of IPT Appeals
1
Residence Visa Appeals
A person whose residence-class visa application has been declined may have a statutory right of appeal, subject to the applicable filing requirements and deadline.
Depending on the case, the Tribunal may need to consider whether the residence application was correctly assessed or whether other circumstances justify an available form of relief.
Residence appeals are generally determined using the written material provided. The appeal, submissions and supporting evidence must therefore present the relevant issues clearly and coherently.
Repeating the original application without properly addressing the decline reasons is unlikely to provide an effective appeal strategy.
2
Deportation Appeals
A person who becomes liable for deportation may, depending on their status and circumstances, have a right of appeal.
The available grounds, procedures and deadlines depend on why deportation liability arose, the person’s immigration status and the relevant provisions of the Immigration Act.
These matters can involve legal, factual and humanitarian considerations, including the consequences for the person and affected family members.
Appeal deadlines can be short. Immediate advice should be obtained after receiving a deportation-related notice.
Section 61 Requests
Section 61 of the Immigration Act provides a discretionary mechanism through which Immigration New Zealand may consider granting a visa to a person who is unlawfully in New Zealand.
A Section 61 request is not a standard visa application.
Immigration New Zealand is not generally required to consider a request, ask for further information or provide reasons for refusing to intervene.
Submitting a request does not:
-
Make the person lawful
-
Prevent deportation action
-
Provide an interim visa
-
Require Immigration New Zealand to delay enforcement
A Section 61 request must explain the person’s immigration history, current circumstances, proposed pathway and reasons why Immigration New Zealand should consider intervening. The appropriate evidence and presentation will depend on the individual case.
A person should not allow their visa to expire on the assumption that a Section 61 request will later resolve their position.
Potentially Prejudicial Information Responses
Immigration New Zealand may provide an applicant with an opportunity to comment on potentially prejudicial information before making a decision.
The concern may relate to:
-
Eligibility under the relevant visa instructions
-
Employment, financial or business information
-
Qualifications or work experience
-
Partnership or family relationships
-
Health or character
-
Previous applications
-
Inconsistent or incomplete information
-
The credibility or authenticity of documents
-
The applicant’s genuine intentions
A response must identify the real issue, correct any misunderstanding and provide evidence that directly addresses Immigration New Zealand’s concerns.
Merely repeating the original application or providing a general statement may not resolve the matter.
The response may be the applicant’s only opportunity to address the identified concerns before a decision is made.
Waivers, Declines & Reconsiderations
Character Concerns and Character Waivers
Character concerns can arise from matters such as:
-
Criminal convictions or pending charges
-
Overseas offending
-
Deportation or exclusion from another country
-
False, misleading or withheld information
-
Previous immigration noncompliance
-
Identity or document concerns
-
Other conduct relevant to immigration risk
A criminal conviction does not necessarily prevent every visa application. Its effect depends on the visa category, the applicable character instructions and the applicant’s complete circumstances.
Where a character waiver or special direction may be relevant, the application must address the particular concern within the context of the applicant’s immigration pathway and wider circumstances.
Generic expressions of remorse or personal references may not be sufficient.
Full and accurate disclosure is essential. Attempting to conceal an issue can create a more serious credibility or character concern.
Medical Concerns and Medical Waivers
Visa applicants must meet the health requirements applying to their intended visa.
A medical condition does not automatically mean that every visa application will be declined. Depending on the visa category and individual circumstances, a medical waiver may be available.
The assessment can involve:
-
The nature of the health concern
-
The visa category being considered
-
Whether a waiver is available
-
The applicant’s wider circumstances
-
The relevance of any updated medical evidence
Medical documents should address the particular concern identified by Immigration New Zealand. Providing a large volume of general information may not resolve the issue.
Trusthaven Immigration can assess the immigration implications and coordinate with the applicant and their medical professionals where further evidence is required.
Visa Declines and Reconsiderations
The options following a visa decline depend on the visa category, the applicant’s location, their immigration status and the reasons for the decision.
Possible responses may include:
-
Requesting reconsideration
-
Lodging an appeal where a right exists
-
Preparing a new visa application
-
Addressing an underlying eligibility problem
-
Correcting inaccurate information
-
Considering another visa category
-
Obtaining legal advice where appropriate
Reconsideration is not available for every declined application.
Where it is available, the request should explain why the decision should be reassessed. Simply disagreeing with the outcome or resubmitting the same information may not be sufficient.
A reconsideration request does not itself extend a visa, provide an interim visa or make a person lawful in New Zealand.
The complete decision letter and application history should be reviewed before the next step is selected.
Deportation Liability Matters
A person may become liable for deportation because of unlawful status, a breach of visa conditions, incorrect or withheld information, criminal offending or other circumstances specified under New Zealand immigration law.
The appropriate response depends on the reason for liability, the person’s immigration status, any available appeal rights and the wider circumstances of the case.
Deportation matters can involve strict deadlines and should be assessed promptly. Submitting another visa application does not necessarily address or suspend the underlying issue.
Unlawful Status and Compliance Issues
A person becomes unlawful when they remain in New Zealand without a valid visa.
This may occur following the expiry or cancellation of a visa, a late application, an unsuccessful immigration process or a misunderstanding about immigration status.
Remaining unlawful can expose a person to deportation and may affect future visa applications.
The possible options depend on how the situation arose, the person’s complete immigration history and their present circumstances. Advice should be obtained before submitting further requests or explanations.
Previous Nondisclosure or Inconsistent Information
Immigration New Zealand may compare information provided across current and previous applications, including information supplied by family members or former representatives.
Differences involving employment, relationships, identity, finances, health, character or immigration history can create credibility concerns.
Not every inconsistency is deliberate. However, providing another explanation or application without first understanding the implications may make the matter more difficult.
Trusthaven Immigration can review the relevant records, identify the central concern and advise on an appropriate response.
Reviewing the Complete Immigration Record
Complex immigration matters should not be assessed solely from the most recent decision or letter.
Previous applications, correspondence, supporting documents and information supplied by related applicants may all affect the available options.
Trusthaven Immigration can review the complete history, identify the central issues and determine which response may realistically be available.
How Trusthaven Immigration Can Help
Trusthaven Immigration can assist with:
-
Reviewing visa decisions and Immigration New Zealand correspondence
-
Identifying applicable deadlines and potential response options
-
Assessing reconsideration, appeal and new-application strategies
-
Preparing responses to potentially prejudicial information
-
Preparing eligible reconsideration requests
-
Assessing Immigration and Protection Tribunal appeal options
-
Preparing Section 61 requests
-
Addressing character, medical, credibility or disclosure concerns
-
Reviewing deportation and unlawful-status matters
-
Preparing complex applications involving previous declines or inconsistent information
-
Coordinating with an appropriately qualified lawyer where legal representation is required
Our assessment considers the decision, immigration history, current status and intended outcome together.
Frequently Asked Questions
Can every declined visa be appealed?
No. Available review or appeal rights depend on the decision, visa category, location and immigration status of the applicant.
Should I submit another application after a decline?
Not automatically. The reasons for the decline should first be identified and properly addressed.
Does requesting reconsideration extend my visa?
No. A reconsideration request does not itself extend a visa, provide an interim visa or make an unlawful person lawful.
Can I appeal a declined residence application?
Potentially. An appeal right may exist, but strict filing requirements and deadlines can apply.
Can an unlawful person make a Section 61 request?
Potentially. However, Immigration New Zealand is not generally required to consider or approve the request.
Will a Section 61 request prevent deportation?
No. It does not provide lawful status or automatically suspend deportation action.
What should I do after receiving a PPI letter?
Obtain advice promptly. Any response should address the specific concerns and be submitted within the stated timeframe.
Can Trusthaven guarantee a successful outcome?
No. The outcome depends on the applicable law, evidence, decision-maker and individual circumstances.
Get Advice Before Taking the Next Step
Appeals and complex immigration matters often depend on timing, immigration status and information supplied in earlier applications.
Taking the wrong procedural step, submitting an unsupported response or repeating information that has already caused concern can make the position more difficult.
Contact Trusthaven Immigration for a confidential assessment before submitting anything further.