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Immigration Act 2009

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

190: Procedure where appeal successful or Tribunal makes recommendation

You could also call this:

“What happens when your residence visa appeal is successful”

If the Tribunal decides in your favour for your residence visa appeal, the Minister or an immigration officer must give you a residence class visa. They might also need to give you entry permission.

However, you might not get a visa right away if you haven’t given all the required documents, or if the documents you gave earlier are no longer valid. Also, if something has happened since your original application that would stop you from getting a visa under both the old and new residence rules, you might not get one.

If you’re already in New Zealand and can’t get a residence visa right away because of missing documents, you’ll get a temporary visa that lasts at least 6 months.

The Minister can’t add any conditions to your resident visa unless the Tribunal tells them to.

If the Tribunal suggests that the Minister should consider giving you a visa even though you don’t meet all the usual rules, the Minister must think about this. If they decide to give you a visa, they might add some conditions to it.

The Minister doesn’t have to explain their decision if they’ve considered giving you a visa as an exception to the rules. You can’t ask for reasons under the Immigration Act or the Official Information Act.

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 It might be out of date or be missing some parts.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=DLM1440898.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Government and voting > Government departments
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“Rules for using new information in residence visa appeals”

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

190Procedure where appeal successful or Tribunal makes recommendation

  1. The Minister or an immigration officer must grant a residence class visa (and if necessary grant entry permission) to the appellant where the Tribunal reverses a decision under section 188(1)(b) or (c).

  2. However, nothing in subsection (1) requires a residence class visa or entry permission to be granted to a person—

  3. until the normal requirements for providing any certificate or other material that is required before a visa or entry permission can be granted have been complied with, where the certificate or other material—
    1. was not supplied to the Minister or the immigration officer concerned before the date on which the decision appealed against was made; or
      1. by reason of the passing of time, is no longer current for the purposes of granting a visa or entry permission under this Act; or
      2. where, since the date of the decision that is the subject of the appeal, any matter has arisen or any information has become available in respect of the person that would disqualify that person from being granted a residence class visa or entry permission in terms of both—
        1. the residence instructions applicable at the time of the relevant visa application; and
          1. the residence instructions currently applicable.

          2. Where, in reliance on subsection (2)(a), a residence class visa is not immediately granted to a person who is already in New Zealand, the Minister or an immigration officer must grant a temporary visa to the person, being a visa that is current for a period of not less than 6 months.

          3. The Minister must not impose any conditions on a resident visa granted under subsection (1), unless the Tribunal has directed the Minister to do so under section 188(2)(b).

          4. Where the Tribunal makes a recommendation under section 188(1)(f), the Minister—

          5. must consider whether a residence class visa should be granted to the appellant as an exception to residence instructions; and
            1. may, if he or she grants a resident visa, impose conditions on the visa in accordance with section 50.

              1. The Minister is not obliged to give reasons in relation to any decision made as a result of any consideration under subsection (5), and neither section 27 of this Act nor section 23 of the Official Information Act 1982 applies in respect of any such decision.

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