Guidance to help you understand the appeal process and what your options may be

The IPT considers whether Immigration New Zealand (INZ) made the correct decision based on law, facts, and fairness. It has the power to overturn 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 have exceptional humanitarian circumstances.

Deportation appeals on humanitarian grounds

Where deportation would be unjust or unduly harsh due to exceptional humanitarian circumstances.

Deportation appeals on the facts

Where Immigration New Zealand has made an error in issuing a deportation liability notice.

Refugee and protection appeals

Where recognition as a refugee or protected person has been declined.

Appeal rights depend on the type of decision, the person’s immigration status, the reason they are liable for deportation and whether the appeal deadline has passed.

You may have a right of appeal if:

• your residence class visa application has been declined;
• your resident visa has been cancelled or, as a resident visa holder, you have been refused entry permission;
• you are liable for deportation and the Immigration Act gives you a right of appeal on the facts, on humanitarian grounds or both;
• you are unlawfully in New Zealand and are still within the time allowed for a humanitarian appeal; or
• a decision has been made concerning your recognition as a refugee or protected person.

Receiving a Deportation Liability Notice or becoming unlawful does not, by itself, confirm that an appeal is available. Different appeal rights and strict deadlines apply in different circumstances. Obtain advice immediately.

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

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

Appeal forms and supporting documents are submitted to the IPT.

Written submissions

Arguments, evidence, and legal grounds are provided by you or your adviser.

INZ response

Immigration New Zealand provides its submissions and original file.

Tribunal assessment

Most appeals are decided on the papers. Deportation appeals by resident visa holders may involve an oral hearing. Hearings often occur 6-8 months after lodging, though urgent cases may be heard sooner.

Decision issued

A written decision is usually provided about a month after the hearing.

Outcomes of an appeal

• Appeal allowed: visa granted or matter referred back to INZ
• Appeal dismissed: original decision stands

Common reasons appeals fail

• Appeal filed late
• Weak or unsupported humanitarian grounds
• Inconsistent or incomplete evidence
• No identifiable legal or procedural error