E7.35 Declining an application for a temporary visa or permit (01/10/1999)

Immigration Act 1987 s 36

1. If a visa or immigration officer is not satisfied that an applicant has met all the policy requirements for a temporary visa or permit, and that an exception to policy is not justified, the officer must decline the application.
2. The visa or immigration officer must give written reasons for declining to the applicant or their agent.

E7.35.1 Reconsidering a declined application

Immigration Act 1987 ss 31, 47(2)(b)
Immigration Regulations 19991 reg 19 14

1. An immigration officer of equal grade or senior to the one who made the decision may reconsider a declined application for a further temporary permit or one of another type if the applicant applies in writing while still holding a current temporary permit.
2. While not legally obliged to reconsider declined applications for a temporary visa, visa officers may do so if new and compelling information is promptly provided.
3. Applications for reconsideration should be considered against the temporary entry policy applying to the original application, as well as against an 'exception to policy' consideration (see E7.10(b)).
4. The application fee for reconsideration and the applicant's passport or certificate of identity must accompany the written request.
5. The fact that a person has applied to have a declined application for a temporary permit reconsidered does not of itself entitle them to remain in New Zealand after the temporary permit expires, but:
   1. until a decision on the application for reconsideration has been made:
      • no removal order may be made or (if already made) served in relation to that person; and
      • that person is not liable to be removed; and
   2. (in the case of a person who applied for the reconsideration while still lawfully in New Zealand) the 42-day period within which the person may appeal against having to leave New Zealand does not start until they have been advised that the decision to decline to grant a permit has been confirmed, if applicable.
6. If the decision to decline the original application is confirmed and no permit is granted after reconsidering it, an immigration officer must inform the applicant in writing of:
   1. the decision; and
   2. (in the case of a person who still holds a permit) the date on which the person will have an obligation to leave New Zealand; and
   3. (in the case of a person who no longer holds a permit) the fact that the person must already leave New Zealand; and
   4. the fact that they have 42 days in which to appeal against having to leave New Zealand, starting from the later of:
      • (in the case of a person who still holds a permit) the date their permit expires; and
      • (in the case of a person who no longer holds a permit) the date they are advised of the decision.
7. The result of reconsidering a decision to decline an application for another temporary permit is final and conclusive, and no further application to have that decision reconsidered may be made or entertained.

Effective 01/10/1999