R5.55 Declining an application

1. Where an application is being declined because:
   1. it does not meet Government residence policy or is lapsed under the provisions at R5.50, refer to R5.55.1 and R5.55.5 for instructions.
   2. person included in the application is a person to whom section 7(1) applies, refer to R5.55.15 for instructions.

R5.55.1 Declining an application where it does not meet Government residence policy or is lapsed under the provisions at R5.50

1. Applications that do not meet Government residence policy criteria and applications that are considered to be lapsed under the provisions at R5.50 must be declined.
2. If an application is declined, visa and immigration officers must notify the principal applicant in writing, informing the principal applicant:
   1. of the reasons why the application has been declined (giving the points total, if appropriate), and
   2. of their right to appeal to the Residence Review Board and how they should lodge the appeal.

      Note: The form Appeal to the Residence Review Board must be enclosed with the letter advising that the application has been declined.

3. Visa and immigration officers must record the date that any letter advising that the application has been declined, is posted.

R5.55.5 Right of Appeal to the Residence Review Board (RRB)

1. Any person who has applied for residence on or after 18 November 1991 and has been refused a residence visa or residence permit by the NZIS may lodge an appeal to the RRB.
2. Appeals must be lodged within 42 days after the date that a letter advising that an application for residence has been declined, is posted.
3. Appeals must be lodged on the form Appeal to the Residence Review Board which contains information on:
   1. how to lodge an appeal,'
   2. the required fee,
   3. how the time limit for lodging an appeal is calculated.

      Note: There is no right of appeal to the Residence Review Board for applicants who have been declined on the basis that section 7(1) applies to them (see R5.55.15).

R5.55.10 Ministerial appeals and representations

People whose residence applications were lodged before 18 November 1991 and were declined, may appeal to the Minister of Immigration once only. If the Minister of Immigration makes a decision on an appeal that is not in favour of the appellant, there is no further right of appeal.

R5.55.15 Declining an application where it includes a person to whom section 7(1) applies

1. Pursuant to A5.20, any application including a person to whom section 7(1) of the Immigration Act 1987 applies, must be declined unless covered by one of the exceptions identified at A5.20(a).
2. If an application is declined, visa and immigration officers must notify the principal applicant in writing, informing the principal applicant that the application has been declined as a person included in the application is prohibited by statute from entitlement or eligibility for the issue of a residence visa or the grant of a residence permit by virtue of section 13B(5).

   Note: An application declined on this basis shall not be assessed under government residence policy.

3. Visa and immigration officers must record the date that any letter advising that the application has been declined, is posted.

   Note: An applicant to whom section 7(1) applies who is included in an application declined on this basis has no right of appeal to the Residence Review Board, but other applicants included in that application to whom section 7(1) does not apply, may appeal.

Effective 15/12/2003