Appeals, information requests and PPI responses

There are usually three reasons why an appeal or PPI response may be necessary; 1 where INZ have not made the correct decision, 2 where the applicant has done the application themself and not done it properly, and 3 where the applicant has hidden important information which INZ have discovered.

Immigration New Zealand is a government department which makes decisions on all visa applications. Like many discretionary decision making authorities, they are well known for not always being fair in visa processing and for often making mistakes. This means that it is actually quite common for an application to run into problems that it shouldn't have if the system was working well. This is just the nature of the syatem, and we actually spend quite a lot of time helping immigration officers understand the legal process they must follow.

When we are in control of the entire process from the beginning it is a lot easier to avoid the second and third issues, but even when the application has been done the best it posisbly could, have been they still sometimes run into trouble that needs resolving.

Types of appeal work

The difficulty of the appeal or response will depend on whether it is an issue that may lead to the decline of the visa and possibly an inability to apply for a visa in the future, all the way down to a simple information request. However, an information request could turn bad if the infromation given is detrimental to the application.

Information requests

These are basically where the immigration officer just needs more information for your application. These requests could be quite simple if it is just something like your passport not being so clear and you just need to provide another copy. They could be difficult in cass such as partnership visas where applicants have not provided enough information and there is not enough time to get everything required in the deadline provided. They could even lead to more serious problems if the reason the case officer is asking for the infromation is to confirm some suspicion that could lead to a decline, or the new information creates sucha  suspicion.

PPI letters

When the case officer thinks they have reason to decline the application they will in most cases need to send a letter outlining their reasons and giving a chance to respond to them. This is a requirement of fairness and natural justice, and the letter is called a PPI letter. A successful PPI letter needs to respond to the reasons of the case officer, and this usually will require a legal response with good knowledge of the relevant law, including case law around the issue at hand.

Section 61 request

This is a special kind of appeal, it is not an application, but in some ways it is similar. S61 requests are used when you cannot apply for a visa because you are unlawfully in New Zealand and therefore have no right of application. These are competely discretionary so INZ can refuse to process it if they feel like it and do not need to give a reason. A succeful s61 request needs to convince INZ that you deserve to be given a chance, even though you have overstayed your visa, and convince them that you deserve a visa as well. An emotional appeal rarely works, it needs to be structured well for you to have a good chance.

Ministerial requests

When there is nothing else that can be done, an appeal to the Minister of Immigration may be the only way left to stay lawfully in New Zealand. Ministerial requests are entirely on the whim of the Minister who is usually not likely to take an interest unless there is a really strong reason for granting you a visa. That being said, this is perhaps the only type of appeal that may not always need professional representation depending on the circumstances. For example if there is no specific legal or policy reason for the appeal, but just you really want to stay, then professional representation may not add much to your appeal.

IPT appeal

In certain situations people liable for deportation can appeal to the Immigration and Protection Tribunal (IPT). These are appeals on the basis of either INZ made an error in law or there is a humanitarian raeson why you should be able to stay in NZ.  Both types of appeal are very difficult and need a good knowledge of the relevant law to be successful. The IPT is like a court in many ways, so the appeal must be handled professionally and set out in a legal manner for the Tribunal to receive it well.