Immigration · Appeal & Review

A decline is rarely the end of the road.

When Immigration New Zealand says no — or moves to deport — there are still avenues open to you. The question is which one, and how soon. We read the decision, find the path, and act before the window closes.

New Zealand · you're here Australia · switch
First, breathe

A declined decision is a document — not a verdict on your future.

Your avenues in New Zealand

What's still open to you, step by step.

New Zealand offers a sequence of avenues after a decline. Which apply depends on the decision and where you stand — and several run to strict deadlines. Here is the order of things.

01
Often the first step

Reconsideration by Immigration NZ

For a declined temporary visa, you can ask Immigration New Zealand to look again — provided you're still in the country lawfully. It's quick to lodge but unforgiving on timing, and the way the request is framed makes the difference.

Temporary visas14-day windowMust be lawful
02
The formal appeal

Immigration & Protection Tribunal

An independent tribunal — separate from Immigration New Zealand, under the Ministry of Justice — that hears appeals against declined residence and deportation liability. You can argue the decision was wrong, or that special circumstances warrant an exception. The case stands or falls on how it's built.

Residence & deportation42-day windowDeadlines are absolute
◇
Runs alongside — a different kind of review

A complaint to the Ombudsman

Where the concern is how Immigration New Zealand acted — an unfair process, inadequate reasons, prejudicial information you weren't shown — the Ombudsman can review the conduct of the decision. It doesn't re-weigh the merits or grant a visa, but it can find a decision was made unreasonably and recommend it be reconsidered.

Process & fairnessNot a merits re-hearing
03
When other avenues are exhausted

Ministerial Intervention

Where appeal and review rights are spent, a request to the Minister is the final discretionary avenue — an appeal to discretion, not to law. It's exceptional, never guaranteed, and persuasive only when the circumstances genuinely warrant it. We're candid about when it's worth making.

Last resortDiscretionary
04
The legal challenge — to the High Court

Judicial Review

Where a decision was unlawful in how it was made — a serious procedural failure, an unreasonable decision, bad faith — the High Court can review it. Judicial review tests legality, not the merits: it asks whether the decision-maker acted within the law, not whether they reached the "right" answer. If it succeeds, the court usually sends the decision back to be made again rather than granting a visa itself. It generally comes only after tribunal avenues are exhausted, runs to a 28-day window, and is more costly and slow than the routes above — so we advise frankly on whether it's the right tool.

Point of law only28-day windowSends decision back
A different situation

Already unlawful? There are still options.

This isn't about contesting a decision — it's about regularising a status that has lapsed. If your visa has expired or your interim visa has run out, you're unlawful and liable for deportation. But until certain doors close, others remain open. Timing is everything.

While you're unlawful

A Section 61 request

Section 61 of the Immigration Act 2009 lets Immigration New Zealand grant a visa, at its absolute discretion, to someone unlawfully here. It's a request, not an application — INZ isn't obliged to consider it, give reasons, or grant the type you ask for, and if it's declined there's no appeal. That makes how the request is built — the special circumstances, the evidence, the framing — almost everything. It's available only before a deportation order is made.

DiscretionaryNo appeal if declinedBefore a deportation order
If you're served a notice

Deportation liability

Where a Deportation Liability Notice is issued — for reasons beyond simply overstaying — you may be able to appeal that liability to the Immigration and Protection Tribunal, on the facts and on humanitarian grounds, within a tight window. In some cases a suspension of deportation can also be sought. The right response depends entirely on why the liability arose.

28-day window (typical)IPT appealHumanitarian grounds
Once an order is made

A deportation order

This is the point options narrow sharply: once a deportation order is in force, Section 61 is no longer available, and removal can follow at any time. If you're at or near this stage, the single most important thing is to take advice immediately — before the last doors close.

Section 61 no longer availableAct immediately
How we act

The case is won in the preparation.

An appeal isn't a second chance to say the same thing louder. It's a differently built case — addressing precisely why the decision was made, with evidence and submissions aimed at the test the decision-maker must apply.

We start by reading the decline closely: what was the real reason, was the process sound, and which avenue actually fits. From there we build — the right grounds, the right evidence, the strongest framing — and we move within the deadline, because in this area a missed date can close the door for good.

We're also honest when an avenue isn't realistic. Steady counsel means telling you what's worth pursuing and what isn't — so your effort, and your hope, go where they can actually move the outcome.

Time-critical

Most avenues run to strict, unwaivable deadlines — some as short as 14 days. If a decision has gone against you, the time to take advice is now, not after the window has closed.

Common questions.

I've just been declined — what should I do first? +
Read the decline letter for the decision date and act quickly — deadlines are short and strict. Then take advice on which avenue fits your situation, because reconsideration, a tribunal appeal, an Ombudsman complaint, Ministerial Intervention and judicial review each apply in different circumstances.
What's the difference between reconsideration and an appeal? +
Reconsideration asks Immigration New Zealand to look at a declined temporary visa again, while you're still lawfully here. An appeal to the Immigration and Protection Tribunal is a formal challenge — usually for declined residence or deportation — heard by an independent body separate from Immigration New Zealand.
Can the Ombudsman overturn my decline? +
Not directly. The Ombudsman reviews how a decision was made — whether the process was fair and reasonable — rather than re-deciding the merits. It can't grant you a visa, but it can find a decision was made unreasonably and recommend that Immigration New Zealand reconsider it.
What is Ministerial Intervention? +
It's a request to the Minister of Immigration to exercise discretion, generally once appeal and review avenues are exhausted. It's exceptional and never guaranteed — an appeal to discretion rather than a right — and worth making only where the circumstances genuinely support it.
Can I take my case to the High Court? +
In some cases, through judicial review. But it's important to understand what that does: judicial review tests whether a decision was made lawfully — fair process, within power, not unreasonable — not whether it was the "right" call on the merits. If it succeeds, the High Court usually directs Immigration New Zealand to make the decision again rather than granting a visa itself. It generally comes only after tribunal avenues are exhausted, runs to a strict 28-day window, and is more costly and slower than the other routes.
My visa has expired and I'm now unlawful — can you help? +
Often, yes — but quickly. While you're unlawful and before a deportation order is made, a Section 61 request asks Immigration New Zealand to grant a visa at its discretion. It can't be appealed if declined, so it has to be built carefully the first time. Once a deportation order is in force, that option closes, which is why early advice is critical.
How tight are the deadlines? +
Tight, and generally absolute. Reconsideration is usually 14 days; tribunal appeals are commonly 42 days (shorter for some deportation matters); judicial review is 28 days. Once a deadline passes it usually can't be revived — which is why early advice matters so much.
Begin

Don't let the window close on a winnable case.

Bring us the decision. We'll tell you — clearly and quickly — whether there's a path, which one, and how to take it before time runs out.

Book a confidential consultation →