IPT Appeals

When your New Zealand resident visa application is declined or you’re facing deportation, the Immigration and Protection Tribunal (IPT) offers a formal avenue for appeal. 

Understanding how IPT appeals work is essential for anyone navigating complex immigration situations. This guide explains the types of appeals, eligibility, timelines, procedures, and how Visa Matters can help you present the strongest possible case.

What Is the Immigration and Protection Tribunal (IPT)?

The IPT is an independent tribunal that hears appeals on immigration, refugee and protection matters. It is part of New Zealand’s Ministry of Justice and operates under the Immigration Act 2009.

The IPT considers whether Immigration New Zealand (INZ) made the correct decision on a resident visa application based on facts, law, and fairness. It has the authority to overturn INZ decisions, grant visas, or refer cases back to INZ.

Types of Appeals Heard by the IPT

• Residence Visa Appeals
  If your residence visa has been declined and you believe the decision was incorrect or you face exceptional circumstances of a humanitarian nature.
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• Deportation Appeals on Humanitarian Grounds
  You may appeal a deportation liability notice (DLN) on the basis that you have exceptional humanitarian circumstances, and deportation is unjust or unduly harsh.
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• Deportation Appeals on “the facts”
  In some cases, you may appeal a deportation liability notice (DLN) on the basis that INZ made an error in issuing it to you.
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• Refugee and Protection Appeals
  If your claim for refugee or protected person status has been declined.

Who Can Appeal to the IPT?

• People whose residence visa applications have been declined
• People who have been issued a deportation liability notice
• People who are unlawfully in New Zealand (i.e. without a visa)
• Those refused recognition as a refugee or protected person

Time Limits for Filing an Appeal

Strict timelines apply:

• Residence visa appeal: Within 42 days of the decision letter
• Unlawfully in New Zealand: Within 42 days of first becoming unlawfully in New Zealand
• Deportation appeal: Within 28 days of the deportation notice
• Refugee or protection appeal: Within 10 working days

Missing the deadline almost always results in losing the right to appeal.

What the IPT Considers

Depending on the grounds for the appeal, the IPT looks at:

• Whether INZ correctly applied immigration law and policy
• Factual errors in the original decision
• Humanitarian circumstances such as health, family ties, hardship, and the best interests of children
• New evidence not considered by INZ

The Appeal Process

• Filing the Appeal
  Submit appeal forms and supporting documents to the IPT
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• Written Submissions
  You (or your immigration adviser) provide arguments, evidence, and legal grounds
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• INZ Response
  INZ provides its own submissions and original file to the Tribunal
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• Tribunal Assessment
  The conducts written hearings for all appeals EXCEPT for appeals against deportation by resident visa holders, who can attend an oral hearing. Hearings usually take place 6-8 months after an appeal has been lodged, though urgent cases can be heard sooner
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• Decision Issued
  You receive a written decision, usually about a month after the hearing

Outcomes of an Appeal

• Appeal allowed: Visa granted, or case referred back to INZ for reconsideration
• Appeal dismissed: Original decision stands

Common Reasons for Rejection

• Appeal filed late
• Weak or unsupported humanitarian grounds
• Inconsistent or incomplete evidence
• Failure to show any legal or procedural error by Immigration New Zealand

Why Use Visa Matters for Your Appeal?

IPT appeals are complex and require in-depth legal knowledge and careful documentation. Our licensed immigration advisers:

• Analyse INZ decisions for legal and factual flaws
• Draft persuasive submissions
• Collect and structure humanitarian evidence
• Prepare clients for hearings

We can help with appeals, especially in cases involving families, health issues, and long-term overstayers.

Final Thoughts

Appealing to the IPT can be your last opportunity to stay in New Zealand or gain legal status. It’s essential to act quickly, present your case properly, and seek expert help.

Contact Visa Matters for urgent and compassionate assistance with your IPT appeal.