R5.55 Declining an application (26/07/1999)

1. Applications that do not meet Government residence policy criteria and applications that are considered to be lapsed 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 Appeal Authority and how they should lodge the appeal.

      Note: The form Appeal to the Residence Appeal Authority 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.

R5.55.1 Right of Appeal to the Residence Appeal Authority (RAA)

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 RAA.
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 Appeal Authority, 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.

R5.55.5 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.

Effective 26/07/1999