Casebook — New Zealand & Australia

The issues we have navigated.

An overview of the kinds of immigration issues we have acted on — and the forums where they are decided, on both sides of the Tasman. Organised by issue, not by client. A map of our experience, not a record of individual cases.

Matters we have acted on, by issue.

Grouped by the kind of issue at stake, with the forum that typically decides it noted against each. Filter by jurisdiction, or read across the whole range.

01 — Character

Character & integrity concerns

Where an application turns on character, candour, or how earlier information was presented.

Allegations of false or misleading informationINZ · IPT

Responding to a concern that information given to Immigration was false, misleading, or withheld — putting the applicant's explanation and full context before the decision-maker.

Non-disclosure in earlier applicationsINZ · IPT

Addressing the consequences of information not disclosed in a previous application, and how that bears on the matter now at hand.

Convictions, charges & character waiversINZ · IPT

Character assessments involving convictions or pending charges, and submissions in support of a character waiver where one is available.

Potentially prejudicial information (PPI)INZ

Preparing responses to adverse information raised by Immigration before a decision is made.

Character test, refusal & cancellationHome Affairs · ART

Visa refusal or cancellation engaging Australia's character provisions, and merits review of those decisions.

02 — Health

Health & the cost threshold

Where a medical condition affects eligibility, and whether a waiver or special direction is open.

Acceptable standard of healthINZ · IPT

Assessments turning on the cost or care a condition is expected to impose, and how that standard is applied.

Medical waivers & special directionsINZ · Ministerial

Requests for a medical waiver, or a special direction, where the standard health requirement is not met.

Significant-cost health conditionsHome Affairs · ART

Health-related refusals engaging the significant-cost threshold, and review of those decisions where a waiver is available.

03 — Skilled & Employment

Skilled migration & employment

Where the dispute is about the work itself — the occupation, the role, or the conditions around it.

Occupation classification in SMCINZ · IPT

Disputes over how a role is classified and whether it matches the claimed occupation in a Skilled Migrant Category application.

Whether employment is "skilled"INZ · IPT

Assessments of skill level, qualifications and experience against the requirements for skilled residence.

Job check & labour market testINZ

Job check concerns, including the labour market test — advertising the role and demonstrating that no suitable New Zealander is available — and the genuineness of the position.

Median wage & remuneration thresholdsINZ

Matters turning on whether remuneration meets the applicable wage threshold for the visa sought.

Nomination, occupation & skills assessmentHome Affairs · ART

Australian disputes over occupation, nomination and the underlying skills assessment, and review of refusals.

04 — Business & Investment

Business & investment funds

Where eligibility depends on capital and its source — and the evidence behind both.

Validation & source of investment fundsINZ · Home Affairs

Establishing that invested capital is genuine and lawfully sourced, with the evidence to satisfy the decision-maker.

Maintenance & settlement fundsINZ · Home Affairs

Verification of maintenance or settlement funds, and how access to and ownership of those funds is demonstrated.

Genuineness & lawful source of capitalINZ · IPT

Assessments of the legitimacy and traceability of invested capital, including on review.

05 — Relationship & Family

Relationship & family

Where the question is the nature of a relationship, or eligibility within a family category.

Genuine & stable partnershipINZ · IPT

Partnership assessments turning on whether a relationship is genuine and stable, and the evidence of living together.

Dependent child & parent categoriesINZ

Eligibility questions within dependent child and parent pathways.

Partner & family visa reviewHome Affairs · ART

Australian partner and family visa refusals, and merits review of those decisions.

06 — Process & Fairness

Process, delay & fairness

Where the concern is not the merits but how a decision was reached, or how long it has taken.

Unreasonable delay in decision-makingOmbudsman

Complaints where a decision has been outstanding for an unreasonable period.

Procedural fairness & natural justiceOmbudsman · IPT

Concerns that a process was unfair, or that a decision was reached without proper regard to natural justice.

Access to a file (official information)Ombudsman

Official information requests, and complaints where access to a file has been refused or delayed.

Administrative conduct & delayCommonwealth Ombudsman

Complaints about the administrative conduct of Australian immigration decision-making, including delay.

07 — Exhausted Pathways

When the usual pathways are spent

Where standard options and review rights are exhausted, and intervention is the remaining route.

Ministerial interventionMinisterial (NZ)

Requests for the Minister to intervene where review rights are spent and the circumstances are exceptional.

Section 61 requestsINZ

Requests for a visa for a person unlawfully in New Zealand, where there is no other pathway.

Resolving unlawful statusINZ

Restoring lawful status for those who have overstayed or whose visa has expired, and charting the route back to a valid visa.

Deportation liability noticesINZ · IPT

Responding to a deportation liability notice — making submissions to Immigration and, where the matter proceeds, on appeal to the Tribunal.

Exceptional humanitarian circumstancesIPT · Ministerial

Matters resting on exceptional and compelling humanitarian circumstances.

Ministerial intervention (Australia)Minister for Immigration

Requests for Ministerial intervention in unique or exceptional circumstances, in the public interest.

08 — Refugee & Protection

Refugee & protected person claims

Where a person seeks recognition as a refugee or protected person, and the claim turns on risk on return.

Refugee & protection claimsINZ

Preparing and presenting claims for recognition as a refugee or protected person at first instance, including the supporting evidence and country information.

Refugee & protection appealsIPT

Appeals to the Tribunal against the decline of a refugee or protected person claim, including written submissions and hearing representation.

Cessation & cancellation of statusINZ · IPT

Matters concerning the loss, cessation or cancellation of refugee or protected person status, and review of those decisions.

How we approach a matter.

Whatever the issue, the method is the same.

01 — Assess

Understand the real issue

We identify what a decision-maker actually needs to be satisfied of — before anything is filed.

02 — Build

Assemble the evidence

Strong, well-organised evidence and a clear case theory, matched to the forum that will decide it.

03 — Advance

Make the argument

Persuasive submissions and steady representation, from first instance through to review.

Begin

If your matter touches any of these issues.

Speak with a senior adviser about where your matter stands, your options, and the strongest pathway available — in complete confidence.

Book a confidential consultation