Understanding when a discretionary immigration request may be available

Exceptional immigration matters may involve different discretionary powers under the Immigration Act. Depending on the legal issue, a request may seek to:

• grant a visa to someone who is unlawfully in New Zealand;
• consider an applicable character or medical waiver;
• grant a visa as an exception to immigration instructions where the Immigration Act permits;
• cancel or suspend deportation liability; or
• grant a new visa after an earlier visa has lapsed.

A special direction is not a general power to override any immigration rule.

For an individual, one important use of a special direction is to allow a visa and entry permission to be granted to an excluded person who would otherwise be legally ineligible because of serious character or security concerns.

A special direction is different from a section 61 request, a character or medical waiver, a request to cancel deportation liability, or a decision to grant a new visa in a special case. Each of these is governed by different legal provisions.

Nobody has a right to receive a special direction or to have a request considered. The decision is made in absolute discretion.

• all standard visa pathways have been exhausted
• a person is facing removal or deportation
• there are serious humanitarian grounds
• there is a risk to health, safety, or family unity
• there are strong public interest reasons for allowing the person to remain in or travel to New Zealand

Most requests are prepared by, or with the assistance of, a licensed immigration adviser or immigration lawyer due to the complexity and sensitivity involved.

Whether a request is considered depends on the legal obstacle, the power available and the person’s circumstances. The decision-maker is not required to consider the request or provide reasons.

Because these requests involve complex legal and discretionary issues, professional advice should be obtained before deciding which type of request to make.

A well-prepared submission usually includes:

• a clear and compelling cover letter
• a detailed explanation of the person’s immigration history
• evidence of hardship, family separation, or medical risk
• letters of support from employers, community members, or medical professionals
• evidence of contributions to New Zealand, such as skilled work, tax history, or community involvement

The submission must be professional, structured, respectful, and easy to follow. Poorly presented requests are unlikely to be taken seriously.

There is no right of appeal if a request is declined. These decisions are discretionary and involve political as well as legal judgment.

For this reason, submissions must be carefully prepared to maximise the likelihood of being read, considered, and taken seriously.

No. A Special Direction sits outside normal Immigration New Zealand processing and is not assessed under standard policy. However, the need for a special direction can arise while Immigration New Zealand is processing a visa application. The special-direction decision is separate from the ordinary assessment and is made in absolute discretion.

“If I explain my situation emotionally, I’ll get help.”

Emotion alone is not enough. Claims must be supported by credible, structured evidence that clearly demonstrates the circumstances relied upon.

“My friend got one, so I will too.”

Every case is unique. Outcomes depend on timing, individual circumstances, and public interest factors.

• a family with deep ties to New Zealand is facing separation
• a person has a serious medical condition and removal would pose a significant risk
• a parent of New Zealand citizen children cannot obtain a visa under standard policy
• there are compelling humanitarian or public interest considerations

They require careful judgment, strong evidence, and a persuasive narrative that balances legal, humanitarian, and public interest considerations. Weak or poorly prepared requests can undermine credibility and reduce the chances of success.

Visa Matters has prepared many successful Special Direction submissions. We take the time to understand your circumstances and ensure your case is presented respectfully, clearly, and strategically. We do not submit frivolous or unrealistic requests and provide honest advice about prospects from the outset.