Appeals to the Immigration and Protection Tribunal: Appeal Rights, Procedures, Timelines, and Guidance
If your residence application has been declined by Immigration New Zealand (INZ) or you are deemed liable for deportation, you may have the right to appeal to the Immigration and Protection Tribunal (IPT).
Appealing a declined residence application
Who can appeal?
Individuals whose residence applications have been declined by INZ.
What are the grounds for appealing a declined residence application?
You can challenge the correctness of INZ’s decision to decline your application and/or
You can show that you have special circumstances that support the IPT recommending to the Minister of Immigration that you be granted residence as an exception.
How is an appeal lodged?
A Notice of Appeal must be filed with the IPT, along with all relevant supporting documentation and evidence to support the grounds of your appeal.
What is the timeline for lodging an appeal?
An appeal must be lodged within 42 days of receiving INZ’s decision to decline your residence application.
Appealing liability for deportation
Who can appeal against their liability for deportation?
Residents and permanent residents, as well as non-residents holding temporary visas or who are unlawfully in New Zealand, may have a right of appeal.
What are the grounds for appeal?
It depends on whether you are a resident or non-resident and the grounds upon which you have been found liable for deportation. Some appellants may be able to appeal on the facts and humanitarian grounds. Others may only be able to apply on humanitarian grounds.
How is an appeal against deportation liability lodged?
A notice of appeal to the IPT within the prescribed timeframe. You should also provide detailed grounds and supporting evidence.
What is the timeline for lodging an appeal when served a Deportation Liability Notice (DLN)?
This will depend on the reason why you are liable for deportation. In some cases, an appeal must be lodged within 28 days from receiving a DLN. In other cases, where you are unlawfully in New Zealand, you may have 42 days to appeal.
How Duncan Cotterill’s immigration team can help
Our experienced immigration lawyers can assess your situation and advise on your appeal rights. We offer guidance on the evidence required to help support any appeal and assist with preparing robust appeal submissions. If an oral hearing is held, our firm can also represent clients before the IPT.
Your right to appeal is important—let our expertise support you every step of the way.
Contact our immigration team today for expert advice tailored to your situation.
Disclaimer: The content of this article is general in nature and not intended as a substitute for specific professional advice on any matter and should not be relied upon for that purpose.
