Exam TO Flashcards
(33 cards)
Judicial Review application for review of decision making process
s247(1)
Deportation of residence class visa holder in relation to conviction of criminal offence
s161
Unlawfully in New Zealand
s154
Minister decides he/she has cause to cancel Temporary Visa
s157
Cancellation of refugee or protected person status
s194(1)
Decline to accept claim on basis that it was not made in good faith
s194
False identity
s156
Cease to recognise person as a refugee
s194(1)
Where deportation of protected person status is cancelled
s162
To decline to consider refugee or protected person status owing to international arrangements with other countries
s194(1)
Breach of visa condition
s159
Visa granted in error
s155
Appeal against decline of residence visa
s187(1)
Decline application to recognise refugee or protected person
s194(1)
Deportation of residence class visa holder if visa obtained by fraud
s158
Deportation relating to character issues
s160
When must a residence class visa appeal be lodged with the Tribunal?
Within 42 days after the date the appellant was notified of the decision
How is the date of notification calculated?
Counted from 14 days after the date on which the notice or decision was posted – if the address is in New Zealand; or from 21 days after the date on which the notice or decision was posted – if the address is outside New Zealand
How is the period of time to lodge a residence class visa appeal calculated?
Where extrinsic evidence establishes when notice was actually given of the
Immigration New Zealand decision, time for appeal runs from that date – see Rao v
Minister of Immigration [2015] NZHC 2669. Where notice was given:
(a) by registered letter or courier, the time for appeal runs from delivery of
the Immigration New Zealand decision to the person’s contact address;
(b) by email, the time for appeal runs from delivery of the Immigration New
Zealand decision to the recipient’s server – see LJ (Skilled Migrant)
[2018] NZIPT 204512.
If there is no extrinsic evidence of delivery, it is deemed to have been received 3 days
after the date on which it was sent (if sent by email), or 7 days after the date on which
it was sent (if sent by registered letter or courier to an address in New Zealand), or
14 days after the date on which it was sent (if sent by registered letter or courier to an
address outside New Zealand) – (section 386A(4) and (5))
How is the period of time to lodge a residence class visa appeal calculated?
The 42-day period includes Saturdays and Sundays, excludes the public holidays falling on weekdays listed in Guide 1 and excludes 26 December to 31 December
Why is it critical to supply all documents, evidence or information that you want the Tribunal to consider?
It is critical because residence appeals are heard on the papers only
What was the outcome of BC (Residence from Work) [2018] NZIPT 204902?
Decision cancelled and application returned to INZ for re-assessment under Immigration Act s188(1)(e)
What was the outcome of AC (Skilled Migrant) [2018] NZIPT 204867?
Decision confirmed as correct but decision cancelled and referred back to INZ for re-assessment with new information under Immigration Act section 188(1)(d)
When should a Residence Class Visa Appeal (Form 1) be used?
If an appellant wants to appeal to the Immigration and Protection Tribunal against a decision by Immigration New Zealand or the Minister of Immigration declining [the appellant’s] residence class visa application, If an appellant wants to appeal to the Immigration and Protection Tribunal against a decision by Immigration New Zealand or the Minister of Immigration cancelling [the appellant’s] residence class visa application, If an appellant wants to appeal to the Immigration and Protection Tribunal against a decision by Immigration New Zealand or the Minister of Immigration refusing to grant [the appellant] (a resident visa holder) entry permission into New Zealand.
