Understanding Complex Scenarios
At Immigration New Zealand (INZ), visa applications can get complicated because of factors beyond eligibility in general. These challenges need careful handling of immigration laws, policies, and procedures to achieve successful results.
Here are some common scenarios where visa applications may encounter challenges:
Health and Character Concerns: Applicants with health issues or criminal records considered unacceptable by New Zealand may face challenges meeting health and character requirements, affecting their visa application outcome.
Visa Cancellations and PPI Letters: Previous visa cancellations or issues flagged in Potentially Prejudicial Information (PPI) letters can complicate new visa applications, situation often requires clear explanations and proof of corrective measures.
Migrant exploitation: Exploitation can lead to complex INZ cases due to the need to address issues of exploitation, abuse, or unfair treatment, requiring thorough investigation and protection measures for affected migrants.
Country-Specific Challenges: Applicants from countries with political instability or limited documentation infrastructure may find it challenging to provide required proof of identity, residency, or other necessary documents.
Changing Immigration Policies: Updates or shifts in immigration policies and criteria can introduce new requirements or uncertainties for visa applicants, necessitating adjustments to their applications.
Humanitarian and Special Cases: Cases involving asylum seekers, refugees, or individuals requiring humanitarian consideration due to exceptional circumstances often involve complex legal and procedural requirements.
Language and Cultural Barriers: Applicants not proficient in English or from culturally different backgrounds may face challenges in understanding and meeting INZ’s requirements, requiring additional support and documentation.
What options do I have for my complex immigration application?
Reconsideration Request: If your temporary visa application is declined while you’re in New Zealand, you can request Immigration New Zealand to reconsider their decision within 14 days. We can help you with this process, which involves submitting the required documents and paying the prescribed immigration fee.
Section 61 Request: Section 61 of the Immigration Act 2009 grants discretionary power to immigration authorities to issue visas of any type to individuals unlawfully in New Zealand, except those subject to deportation orders. This provision aims to address exceptional cases where individuals, through circumstances beyond their control, find themselves unlawfully present in New Zealand.
Appeal to Immigration and Protection Tribunal: An appeal to the Immigration and Protection Tribunal (IPT) allows individuals to challenge Immigration New Zealand’s decisions on residence visa applications or deportation orders. The IPT reviews cases where there is disagreement with INZ’s rulings, providing an opportunity to present additional evidence or arguments for reconsideration of the decision.
Ministerial Interventions and Special Directions: Ministerial Interventions and Special Directions involve requesting intervention from the Minister of Immigration or their delegates in exceptional cases where standard visa processes do not achieve the desired outcome. This involves submitting a case outlining unique circumstances, with our guidance on suitability and assistance in preparation.
Complaint to Ombudsman: The Office of the Ombudsman investigates complaints about Immigration agency administrative acts and decisions. Before seeking Ombudsman intervention, individuals are usually asked if they’ve attempted to resolve the issue directly with Immigration. If Immigration’s internal complaints process does not resolve the matter satisfactorily, the Ombudsman may investigate and make recommendations. If recommendations are not acted upon, the Ombudsman may escalate by sending a report to the Prime Minister and Parliament.
Complaint to Privacy Commissioner: The Privacy Commissioner investigates potential breaches of privacy under the Privacy Act (2020). Before initiating an investigation, individuals are typically asked if they’ve attempted to resolve the issue directly with Immigration New Zealand. The Commissioner can assess breaches, and their scale, facilitate meetings, and seek information to facilitate a resolution.