Introduction: Facing a Visa Decline

 Receiving a visa decline from Immigration New Zealand (INZ)can be very stressful and disheartening, especially after investing time, money, and emotional energy into your application. However, a decline is often not the end of the road. Understanding the reasons for the decline and knowing what your legal options are is the crucial next step.

This article outlines the common grounds for visa decline and details the potential legal avenues and practical steps you can take following an adverse decision.

Understanding the Grounds for Decline

Every decline letter will outline the specific section of the Immigration Act 2009 or the relevant immigration instructions from the INZ Operational Manual that led to the decision. Common reasons for decline include:

  • Failing to Meet Policy Requirements: The most frequent reason. This could be because you have not met the bona fides (genuine intentions), cannot demonstrate the required points under Skilled Migrant residency, insufficient evidence of work experience, not meeting minimum English language standards, or the job offered not meeting the acceptable criteria (e.g., market rate wage, genuine need, or the employer is not financially viable).
  • Character or Health Issues: If you or any accompanying family member fail to meet the required character (e.g.,     criminal convictions, deportation history, previous visa decline) or health standards (e.g., pre-existing medical conditions deemed high-cost).
  • Provision of False or Misleading Information: If INZ believes the information or documents provided in a previous or current application were fraudulent or incorrect. 
  • Inadequate Documentation: Missing or expired documents, or documentation that does not sufficiently prove the claims made in the application (e.g., unable to provide evidence of a genuine and stable relationship, work experience letter insufficient, or overseas qualifications have not been assessed by NZQA).

Legal Options Following a Declined Application

Once a decision is made, you generally have five potential options to challenge or rectify the outcome:

1. Applying for a Reconsideration (Limited Circumstances)

A request for reconsideration is a limited option and is generally only available if you believe the Immigration Officer has made an error when deciding or processing the application.

  • When to use it: If you believe INZ misinterpreted a piece of evidence that was clearly provided, or missed a document that was included in your submission, leading to an incorrect application of policy.
  • Timelimit:  You will need to hold a valid visa (e.g. you are still lawful in NZ), and the request will need to be made within 14     days. 
  • Key takeaway: This is notf a chance to submit new information or documents that were not part of the original application. You should demonstrate that the error was on INZ’s part,     which is why you are requesting a reconsideration on the initial declined application.
2. Submitting a New Visa Application

Often, the most straightforward and fastest option is to submit a completely new application, having addressed the reasons for the initial refusal

  • Strategy: Carefully review the refusal letter and use it as a checklist on what to address and provide for the new application. If the decline was because bona fides were not met,     provide evidence to address that concern.
  • Crucial step: Ensure the new application directly addresses and resolves every single policy point raised in the     decline letter, providing robust, clear evidence.
3. Appeals to the Immigration and Protection Tribunal (IPT)

For specific types of visas, a formal appeal may be possible through the IPT, an independent body established under the Immigration Act 2009 to hear and determine appeals on decisions made by INZ and refugee and protection matters. 

  • Applicable Decisions: Appeals are typically available for Residence Visas, Deportation Liability decisions,     and Refugee and Protected Person Status claims. They are generally not available for temporary visa refusals (like visitor or student visas declined while applicants are offshore).  If an appeal is filed due to a declined temporary visa, then you will need to show humanitarian grounds that would make it unjust or unduly harsh for you to leave NZ.  This is a high threshold, and more often than not, temporary visa     holders will not meet this ground.
  • The Process: The appeal must be lodged within a strict timeframe (between 28 and 42 days) and requires detailed written submissions and sometimes an in-person hearing. The IPT reviews whether     the INZ officer made a legal or factual error in their decision-making process.

4. Applying for a Ministerial Intervention

This is the rarest and most exceptional legal avenue. The Minister of Immigration has the power to intervene in a case if there are compelling humanitarian circumstances, or if it is deemed in the public interest.

  • User Case: This option is reserved for cases involving serious exceptional circumstances, such as life-threatening medical issues or extreme family hardship that cannot be resolved through standard immigration policy. It is highly discretionary, and requests are usually made when all other immigrtion options have been     exhausted.
5. Request for a Visa under Section 61 of the Act.

This option is for those who are declined a visa, and do not hold a valid visa and need to regularise their status.  If there are compelling reasons for why you should be granted a visa, as you are able to become unlawful or are currently unlawful, then a request for a visa under s61 can be made.  Itis the only avenue available for those who are unlawful.  

  • Key notes: this request should be made as soon as possible, without unnecessary delay.  We recommend seeking legal advice from experienced immigration lawyers such as Michelle who has dealt with requests under s61. 

Immediate and Practical Next Steps

1. Read the Refusal Letter Thoroughly
Identify the exact policy sections or issues that led to the decline. Do not skim the document.
2. Check the Appeal Rights and Deadlines
Determine if you have the right to appeal to the IPT and note the strict deadline for submission.
3. Consult an Licensed Immigration Adviser or Lawyer
Seek professional advice to understand the refusal grounds and the viability of your options (reconsideration, new application,  or appeal).
4. Address Deficiencies
If you plan to reapply, gather the missing evidence,  correct the application errors, or gain the necessary  qualifications/experience.

The Value of Professional Advice

Navigating the aftermath of a visa decline without professional guidance can be risky. A licensed immigration adviser or immigration lawyer can

  • Provide an objective assessment of the refusal and the best path forward.
  • Draft compelling submissions for reconsideration or appeal, focusing on legal precedent.
  • Ensure a new application is robust and fully compliant, minimising the risk of a second refusal or decline.

A visa decline is a setback, but with a clear strategy and professional support, it can often be overcome and a positive result obtained. You should seek to understand the grounds of the decline, and determine the most appropriate legal next step.  Seeking strategic and tailored immigration advice is the first step - contact Michelle, a Specialist Immigration Lawyer from MC Legal, to assist with your matter.