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Immigration Act 2009

Appeals, reviews, and other proceedings - Appeals in relation to residence class visas

189: Use of further information in appeals under section 187

You could also call this:

“Rules for using new information in residence visa appeals”

When you appeal a decision about a residence class visa, there are rules about what information the Tribunal can look at. Usually, the Tribunal can only consider information that you gave to the Minister or immigration officer before they made their decision.

However, there are some exceptions. The Tribunal might look at new information if it existed when the decision was made, was important for the decision, and you couldn’t have given it earlier even if you tried your best. They might also look at new information if they need it to decide if there are special circumstances in your case.

If your original decision was based on an interview, the Tribunal can ask for a new interview to be done. This might happen if the first interview involved the officer making judgments rather than just recording facts. A different immigration officer will do this new interview.

The Tribunal can also consider things that happened after the original decision was made. If something important has changed that affects whether you can get a visa, they might send your case back to be reconsidered.

Remember, these rules are meant to make sure your appeal is fair, while also respecting the original decision-making process.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440897.

Topics:
Immigration and citizenship > Visas
Government and voting > Government departments
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188: Determination of appeal in relation to residence class visa, or

“How the Tribunal decides appeals for residence class visas”

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Part 7 Appeals, reviews, and other proceedings
Appeals in relation to residence class visas

189Use of further information in appeals under section 187

  1. In determining an appeal under section 187, the Tribunal may not consider any information or evidence adduced by the appellant that was not provided to the Minister or the immigration officer before the time at which the Minister or the officer made the decision that is the subject of the appeal.

  2. Subsection (1) is subject to subsections (3) to (6).

  3. The Tribunal may consider information or evidence not provided by the appellant to the Minister or the immigration officer before the time of the relevant decision if—

  4. the Tribunal is satisfied that—
    1. the information or evidence existed at the time the decision to refuse the visa was made, and would have been relevant to the making of that decision; and
      1. the appellant could not, by the exercise of reasonable diligence, have placed that information or evidence before the Minister or the immigration officer at the time at which the Minister or the officer made the decision on the application; and
        1. in all the circumstances it is fair to consider the information or evidence; or
        2. the Tribunal considers that it is necessary for it to have the information or evidence for the purpose of considering whether to make a determination under section 188(1)(f).

          1. The Tribunal may require the chief executive to arrange for an interview to be conducted with any specified person for any specified purpose and in any specified manner, and for the report of that interview to be provided to the Tribunal, where—

          2. the Tribunal considers that the decision under appeal depended, in whole or in part, upon the recorded results of an interview conducted with the appellant or with some other person connected with the application; and
            1. those results involved the recording of an exercise of judgment on the part of the interviewing officer as opposed to the recording of facts; and
              1. the Tribunal considers that further written evidence or submissions will not assist to confirm or test those results.

                1. An interview conducted under subsection (4) may not be conducted by any immigration officer who has previously interviewed the person.

                2. The Tribunal may, if it considers it fair in all the circumstances to do so, determine the appeal in the manner set out in section 188(1)(d) where—

                3. it comes to the attention of the Tribunal that any particular event has occurred after the time at which the Minister or the immigration officer made the decision on the appellant’s visa application; and
                  1. the Tribunal is satisfied that the event materially affects the applicant’s eligibility under residence instructions.

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