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Q: What is the IPT?

A: The Immigration and Protection Tribunal is an independent body established under the Immigration Act 2009 (the Act) to hear appeals and applications regarding:

  • residence class visas
  • deportation (including appeals on the facts and humanitarian grounds)
  • claims to be recognised as a refugee or as a protected person.

The Tribunal is administered by the Ministry of Justice. It is chaired by a District Court Judge, appointed by the Governor-General on the recommendation of the Attorney-General, and 16 members appointed by the Governor-General on the recommendation of the Minister of Justice.

Q: How do I Appeal?

A: How to Appeal
You may obtain an appeal form from the Tribunal, or you may download the relevant appeal form below and deliver your appeal in person or by courier, together with your lodgement fee (if applicable), during the office hours of 8.30am to 4.30pm, Monday to Friday at:

Immigration and Protection Tribunal
Level 1 Chorus House
41 Federal Street
Auckland 1010
New Zealand

Or send your completed appeal form by post, together with your lodgement fee (if applicable), to:

Immigration and Protection Tribunal
EX 11086
Auckland 1010
New Zealand

Make sure you complete the correct form for the type of appeal you are making.

 

 

Appeal forms

Notice of Appeal - Residence Class Visa Appeal – Form 1 (PDF, 1.8 MB)

Use this Notice of Appeal form if you want to appeal to the Tribunal against a decision by Immigration New Zealand or the Minister of Immigration:

Declining your residence class visa application, or
Cancelling your resident visa, or
Refusing to grant you (a resident visa holder) entry permission into New Zealand.
Notice of Appeal - Refugee and Protection Status Appeal – Form 2 (PDF, 815 KB)

Use this Notice of Appeal form if you want to appeal to the Immigration and Protection Tribunal against a refugee and protection officer’s decision to:

Decline your claim for refugee or protected person status.
Decline to accept for consideration your claim for recognition as a refugee or protected person.
Cancel or cease your recognition as a refugee or protected person.
Refuse to consider your subsequent claim for refugee or protected person status.
Notice of Appeal - Deportation Appeal by a Resident/Permanent Resident - Form 3 (PDF, 1.03 MB)

Use this Notice of Appeal form if you are a resident or permanent resident and would like to appeal to the Tribunal against your liability for deportation.

Notice of Appeal - Deportation Appeal (Cancelled Refugee and/or Protection Status) – Form 4 (PDF, 1.02 MB)

Use this Notice of Appeal form if you have been served a Deportation Liability Notice after your refugee and/or protection status was cancelled and you would like to appeal to the Tribunal against your liability for deportation.

Notice of Appeal - Humanitarian Appeal against Deportation - Form 5 (PDF, 1.14 MB)

Use this Notice of Appeal form if you are liable for deportation because:

You are unlawfully in New Zealand, or
Your temporary or interim visa was granted in error, or
You held your temporary or interim visa under a false identity, or
You held a temporary or interim visa and it was determined that there was sufficient reason to deport you; or
You are a refugee and protection claimant appealing against a decision by a refugee and protection officer and would be entitled to a humanitarian appeal if you became liable for deportation.
Application to cease/cancel recognition as a refugee or protected person - Form 6 (PDF, 457 KB)

Application by the Minister of Immigration for determination of failure to meet conditions of suspension of liability for deportation – Form 7 (PDF, 441 KB)

Authority to Act – Form 8 (PDF, 445 KB)

You should complete this form if you have appointed a new representative since your appeal was lodged.

Withdrawal of Appeal Form - Form 9 (PDF, 440 KB)

This form can be used if you want to withdraw your appeal. You can withdraw an appeal at any time until a decision has been issued by the Tribunal.

Guides

Guides are available to help you with completing your form. There is a separate guide for each of the forms 1- 5.
These guides will help you to assess whether or not you are entitled to appeal to the Tribunal, and provide information on how to lodge an appeal. They also include brief information on what happens after you lodge your appeal. (See the Forms and Guides page).

Appeals to the Tribunal must be lodged within specific timeframes. Each of the guides contains the information on how you calculate the period in which you must appeal.

There is a lodgement fee to pay for most types of appeals, except refugee and protection appeals. (See the Fees page for details).

Use of a representative

Anyone appealing to the Tribunal may appoint an agent or legal representative to represent them during the application or appeal process, or they may represent themselves.

If the appeal is against a decision made using classified information, the person appealing will also be given a list of special advocates from which they can select an advocate to represent them during the classified parts of the appeal (actual and reasonable costs of a special advocate are government funded.) The person appealing can also retain their personal legal representative for the other parts of the appeal process.

Why might an appeal not be accepted?

If an appeal is not lodged correctly, or if the correct lodgement fee has not been paid, the Tribunal may not accept the appeal. In this situation, the person who submitted the appeal form will be informed of what is required and invited to resubmit the appeal form once it is complete if this is still within the appeal period.

The Tribunal cannot accept an appeal if the person appealing has no right of appeal.

Appealing or reviewing a Tribunal decision

Any party to a Tribunal appeal (who may include the person appealing, the Department of Labour’s Chief Executive, or the Minister of Immigration) dissatisfied with the Tribunal’s decision may seek leave to appeal to the High Court on a point of law. This means that only legal issues may be raised, not issues of fact.

Filing an appeal from a Tribunal decision is only possible on application for leave (permission) filed with the High Court within 28 days after the date you were notified of the decision.

You also have the right to apply for judicial review with the High Court. This means that you are asking the High Court to review the Tribunal’s exercise of its statutory power.

An application for judicial review must also be filed within 28 days after the date you or your representative were notified of the decision.

If both an appeal on a point of law and a judicial review of proceedings are sought about the same case, the party must lodge the applications for appeal and for judicial review together. The High Court must endeavour to hear both together (unless it is not practical to do so).

It is strongly recommended that you seek legal advice before filing an application for leave to appeal on point of law or application for judicial review with the High Court.

Complaints

Any complaint made about a Member of the Tribunal will be considered by the Chair of the Tribunal. Any complaint made about the Chair will be considered by the Chief District Court Judge (as the Chair of the Tribunal is a District Court Judge).

Q: I run a small business. Two of my employees approached me recently and told me that their work permits have expired.  Will I be liable under law if I allow them to continue working for me?

A: It is an offence under the Immigration Act to allow or continue to allow any person to undertake employment knowing that the person is not entitled to undertake employment under the Immigration Act.

As an employer you could be subject to a penalty not exceeding $50,000 if you breach this restriction.It is also an offence for an employer without reasonable excuse to allow a person who is not entitled to work in New Zealand to undertake employment with them. The penalty is a fine not exceeding $10,000.

 

A reasonable excuse is if the employer did not know that the person was not entitled to work in New Zealand and the employer had obtained a signed tax code declaration from the employee (before they started employment) that states that they are entitled to work in New Zealand.

Employers also have obligations under the Employment Relations Act 2000.

Once an employer is aware that an employee is no longer entitled to work in New Zealand the employer can, after a fair investigation, give the employee notice that their employment will end because of their ineligibility under the Immigration Act.

An alternative for you may be to suspend the employees by mutual agreement until their immigration status is sorted out and they are again eligible to work legally in New Zealand.

  

Q: What are the key Immigration policy changes affecting students

A: The changes, which will begin taking effect from 25 July 2011, will:

  • strengthen student visa requirements and conditions (without introducing additional compliance for good quality education providers)
  • facilitate access to study and training for genuine students, and
  • facilitate pathways to work and residence for highly skilled graduates.

As a package, the changes will better support growth in the export education industry and New Zealand’s wider economic objectives.

The changes to Study to Work visas and the Skilled Migrant Category apply to new students who commence studying a New Zealand qualification on or after 25 July 2011. They do not apply to students who already hold New Zealand qualifications or students who are currently studying towards New Zealand qualifications.

THE KEY CHANGES

From 25 July 2011

More criteria will be introduced to determine whether students are genuinely here to study, such as ensuring education providers have assessed students’ competencies for the course before issuing an offer of place.

  • Students will be required to attend their courses at all times, as required, unless they have genuine reasons for their absence.
  • Students’ progress will be primarily determined by their education provider and assessed against the education providers’ own academic progress policies.
  • Students will need to satisfy Immigration New Zealand (INZ) that they are supplying genuine evidence of funds for maintenance.
  • Requiring those who provide sponsorship and financial undertakings to:
    • be either friends or relatives (if they are individuals), and
    • genuinely intend to support the student and hold sufficient funds for each student they are acting for.
  • More flexibility for genuine students will be introduced by extending sponsorship eligibility to organisations or government agencies, and allowing third parties who provide financial undertakings offshore to continue with onshore applications.
  • INZ, when issuing student visas, will have more powers to ensure that students only study at good quality education providers.
  • The validity period of medical and police certificates for PhD students, their partners and dependants will be extended from 24 to 36 months, the same as for fee-paying foreign students.
  • Work visa holders will no longer need to obtain a variation of conditions to undertake training authorised by their employer as part of their job.
  • Work visas will be available to the partners of students studying postgraduate courses and courses on the Long Term Skills Shortage List (LTSSL) at bachelor’s degree and above, rather than any students studying courses on the LTSSL.

Changes to Study to Work visas

  • Students will need to have obtained a recognised New
  • Zealand qualification of at least two academic years’ duration to qualify for Study to Work visas. A shorter period will be required for people who have gained postgraduate qualifications, credit-transferred bachelors’ degrees or some graduate (level 7) qualifications.
  • Students who obtain a second, higher qualification at bachelor’s degree or postgraduate level will be able to obtain a second Graduate Job Search visa.

Changes to the Skilled Migrant Category

Applicants for residence can currently access points for recognised qualifications. From 25 July 2011, the points will be differentiated on the following basis:

  • QUALIFICATION (NQF) CURRENT FROM 25 JULY 2011
    • Levels 3–6 50 40
    • Levels 7–8 50 50
    • Levels 9–10 55 60
  • Applicants claiming bonus points for having obtained recognised New Zealand qualifications must have a bachelor’s degree or above.
  • Changes will also ensure that more former students who qualify for residence will be required to have a skilled job in New Zealand.

From November 2011

  • The definition of full-time study will be based on the type of course, rather than the type of provider, to improve consistency across education providers and make it easier for genuine students to access student visas.

From March 2012

  • Funds required by applicants for Graduate Job Search Visas will rise from $2,100 to $4,200.
  • Funds required for student visa applicants will increase from the current $10,000 per year to $15,000 per year for courses 36 weeks or longer, or pro-rated at $1,250 per month for shorter courses (less prepaid living expenses).

The immigration instructions underpinning the changes that are being introduced on 25 July 2011 are currently being finalised and will be published on the Immigration New Zealand website at: www.immigration.govt.nz by early July 2011.

Q: What is Information matching

A: Information you supply to Immigration New Zealand may be used by other government agencies to allow more effective verification of information and help assess your eligibility for various services. Information matching is carried out under the authority of and consistent with Part 10 of the Privacy Act 1993 and is monitored by the Office of the Privacy Commissioner.

Agencies authorised to match identifying information with INZ

The below Specified Agencies have the support of the below Authorising Legislation for the following Purpose;

  • Department of Internal Affairs (Citizenship Branch) supported by Section 26A Citizenship Act 1977 (Schedule 4), to verify –  (a) a person’s NZ citizenship status (b) a person’s entitlement to reside in New Zealand
  • Electoral Enrolment Centre supported with Section 263B Electoral Act 1993, to identify people who are not qualified to vote but who have registered as an elector.
  • Department of Internal Affairs (Births, Deaths & Marriages) supported with Section 78A and Schedule 1A of the Births, Deaths & Marriages Registration Act 1995, to o identify deceased holders of limited term visas.
  • Department of Corrections uses Section 181 of the Corrections Act 2004 and Section 294 of the Immigration Act 2009, too identify offenders that may be liable for deportation.

A Short Guide to Information Matching

Immigration New Zealand undertake authorised information matching programmes with Government Agencies

The Department of Labour helps New Zealanders achieve high-quality working lives in thriving and inclusive communities through information, services and support for workplaces and communities. The immigration function of the Department of Labour sits within the Workforce group and contributes to this by increasing the economic and social framework of New Zealand through immigration.

However in doing this the rights of New Zealand citizens and persons already resident in New Zealand must be protected. Parliament has authorised limited access to certain government departments in order to provide better services to prospective immigrants and New Zealand citizens.

What is information matching?

Information matching is the comparison of personal information held in one set of records with personal information held in another set of records for the purpose of producing or verifying information about an individual. Information matching can only be performed where it has been authorised by statute and conforms to privacy legislation.

Why is information matching taking place?

Information matching can be done for a number of reasons, such as making it simpler to deal with government agencies or reducing overall costs to taxpayers. Information matching may also help to tidy up government databases (eg by identifying duplicates and reducing fraud).

To whom provides Immigration New Zealand information to?

The following agencies are authorised to match information with Immigration New Zealand:

  • Department of Internal Affairs
  • Electoral Enrolment Centre
  • Department of Corrections

The privacy of the information is important

Agencies involved in information matching will only have access to the information they are legally entitled to. The Privacy Commissioner reviews the setting up of the Immigration New Zealand programmes and monitors their operation.

What can I do if I think my personal information may have been misused?

You can lodge a formal complaint with the Privacy Commissioner.

For more general information about privacy issues please contact the Office of the Privacy Commissioner 0800 803 909 or through their website on www.privacy.org.nz. 

Q: Do I need a Visa?

A: Everyone travelling to New Zealand requires a Visa. There are however some exceptions as people from some countries don't need a visa to enter New Zealand.

If you are visiting for three months or less and are from a country in the list below, the so-called Visa Free Countries, you will not need a visa.

Andorra, Argentina, Austria, Bahrain, Belguim, Brazil, Brunei, Canada, Chile, Cyprus, Czech Republic, Denmark, Estonia*, Finland, France, Germany, Greece, Hong Kong**, Hungary,  Iceland, Ireland, Israel, Italy, Japan, Korea (South), Kuwait, Latvia*, Liechtenstein, Lithuania*, Luxembourg, Malaysia, Malta, Mexico, Monaco, Netherlands, Norway, Oman,  Poland, Portugal***, Qatar, San Marino, Saudi Arabia, Singapore, Slovak Republic, Slovenia,  South Africa, Spain, Sweden, Switzerland, UA Emirates, United States of America****, Uruguay,    Vatican City    

* Visa waiver does not apply to people travelling on non-citizen's passports issued by these countries. 

** Residents of Hong Kong travelling on Hong Kong Special Administrative Region or British National (Overseas) passports. 

*** Portuguese passport holders must also have the right to live permanently in Portugal. 

**** Including nationals of the USA. United Kingdom and AustraliaBritish citizens and other British passport holders who produce evidence of the right to reside permanently in the UK can visit for up to six months without a visa. 

Australian citizens and holders of a current resident return visa issued by the Commonwealth of Australia do not need a visa.

For more detailed information please contact TNC .  

EndFAQ

Newsflash

Allocation times BMB

Current allocation times ( 5 April 2017) to allocate a Business application!

Meeting the Minister of Immigration

 

20170217 minister

Friday 17 February 2017 in Botany, Manukau, Auckland

The IPT Annual Report 2015

Please click here for some interesting reading noting that on average 33% of Appeals with the IPT is allowed! Interesting question you could ask yourself: what does that mean for a Decision made by INZ?

Licensed Adviser

Johannes Petrus (Peter) Hubertus Cornelis Hendrikx

Licensed Immigration Adviser
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License number: 200800214

Is your Immigration Adviser
licenced by the NZ Government?
Click here for details www.iaa.govt.nz

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