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Immigration Act 2009

Appeals, reviews, and other proceedings - Limited right of review in respect of temporary entry class visa decisions

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

You could also call this:

“Limited options to challenge temporary visa decisions”

You can’t appeal decisions about temporary entry class visas to any court, the Tribunal, the Minister, or anyone else. This rule applies in most cases, but there’s an exception. If you’re in New Zealand and have a temporary visa, you might be able to ask for a reconsideration in certain situations, as described in section 185.

You can ask a court to review decisions about temporary entry class visas, but there are two exceptions. You can’t ask for a review if:

  1. You’re outside New Zealand and your application for a temporary entry class visa was refused or not granted.
  2. Your temporary entry class visa was cancelled before you arrived in New Zealand.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440893.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Government and voting > Government departments
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185: Right of reconsideration if onshore application for further temporary visa declined, or

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

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187: Rights of appeal in relation to decisions concerning residence class visas, or

“When you can appeal decisions about residence visas”

Part 7 Appeals, reviews, and other proceedings
Limited right of review in respect of temporary entry class visa decisions

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

  1. No appeal lies against a decision of the Minister or an immigration officer on any matter in relation to a temporary entry class visa, whether to any court, the Tribunal, the Minister, or otherwise.

  2. Subsection (1) applies except to the extent that section 185 provides a right of reconsideration for an onshore holder of a temporary visa in the circumstances set out in that section.

  3. A person may bring review proceedings in a court in respect of a decision in relation to a temporary entry class visa except if the decision is in relation to the—

  4. refusal or failure to grant a temporary entry class visa to a person outside New Zealand:
    1. cancellation of a temporary entry class visa before the holder of the visa arrives in New Zealand.