Plain language law

New Zealand law explained for everyone

Immigration Act 2009

Appeals, reviews, and other proceedings - Limited right of reconsideration concerning temporary entry class visas

185: Right of reconsideration if onshore application for further temporary visa declined

You could also call this:

“Asking for a second look at your temporary visa application if it's turned down while you're in New Zealand”

If you’re staying in New Zealand on a temporary visa and you apply for another temporary visa while you’re here, this is what happens if your application is turned down.

You can ask for someone to look at your case again, but only if you do it within 14 days of finding out your application was declined and if you’re still allowed to be in New Zealand. You need to follow the proper steps when you ask for this.

Someone different, who is just as experienced or more experienced than the person who said no to your application, will look at your case again. It might even be the Minister who looks at it.

If they still say no to your application, they need to tell you in writing. They’ll let you know when you have to leave New Zealand if you still have a valid visa. If your visa has run out, they’ll remind you that you need to leave and tell you that you can appeal on humanitarian grounds within 42 days.

Once someone has looked at your case again, that decision is final. You can’t ask for it to be reconsidered again.

Just because you’ve asked for your case to be looked at again doesn’t mean you can stay in New Zealand after your current visa runs out. But they won’t make you leave until they’ve made a decision or until you decide not to go ahead with asking for reconsideration.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440890.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Government and voting > Government departments
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184: Purpose of Part, or

“This part explains how to challenge immigration decisions in New Zealand”

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186: Limited right of review in respect of temporary entry class visa decisions, or

“Limited options to challenge temporary visa decisions”

Part 7 Appeals, reviews, and other proceedings
Limited right of reconsideration concerning temporary entry class visas

185Right of reconsideration if onshore application for further temporary visa declined

  1. This section applies to a holder of a temporary visa if—

  2. the holder of the temporary visa (the applicant) is onshore and applies during the currency of that visa for a further temporary visa; and
    1. the application for the further temporary visa is declined; and
      1. the Minister did not make the decision to decline the application.

        1. The applicant may apply in the prescribed manner for a reconsideration of the decision to decline a further visa if, and only if,—

        2. the application for reconsideration is made not later than 14 days after the date on which the applicant received notice of the decision to decline the further visa; and
          1. the applicant is still lawfully in New Zealand at the time of the application for reconsideration.

            1. The decision to decline the visa application must be reconsidered by another immigration officer of equal grade or senior to the one who made the decision, or by the Minister.

            2. If the decision to decline the visa application is confirmed and no visa is granted following reconsideration under this section, an immigration officer must inform the applicant, in writing, of—

            3. the decision; and
              1. in the case of an applicant who still holds a visa, the date on which the person will have an obligation to leave New Zealand; and
                1. in the case of an applicant who no longer holds a visa,—
                  1. the fact that the person is already obliged to leave New Zealand; and
                    1. the fact that the person may appeal on humanitarian grounds against his or her liability for deportation not later than 42 days after the date on which the person received confirmation of the decision to decline the visa application.

                    2. The result of any reconsideration under this section of a decision to decline an application for a further temporary visa is final and conclusive, and no further application for reconsideration of that decision may be made.

                    3. The fact that an application for reconsideration has been made under this section does not of itself entitle the applicant to remain in New Zealand after the expiry of the applicant’s current temporary visa, but, until the application for reconsideration has been determined or withdrawn, the person may not be deported.

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