Key Areas Covered

  • Visa applications and declines
  • Appeals to the Immigration and Protection Tribunal
  • Deportation liability and appeals
  • Section 61 requests for unlawful migrants
  • Employer obligations and accreditation
  • Refugee and protection claims

Common Questions

Can I appeal a declined visa application in New Zealand?

It depends on the visa type. Under the Immigration Act 2009, a decline of a residence class visa application generally carries a right of appeal to the Immigration and Protection Tribunal on the ground that the decision was not correct in terms of the residence instructions, or on humanitarian grounds. Temporary entry class decisions are treated differently and often have no merits appeal, leaving a request for reconsideration or judicial review as the available routes. Appeal rights are subject to strict statutory time limits running from the date of the decision, and the Tribunal has limited scope to accept a late appeal, so the deadline in the specific provision should be identified immediately on receiving a decline.

What does it mean to be liable for deportation in New Zealand?

The Immigration Act 2009 sets out the circumstances in which a person becomes liable for deportation, including being unlawfully in New Zealand, breaching visa conditions, and certain criminal offending. Liability is not the same as deportation: a person who is liable is usually served with a deportation liability notice and may have a right to appeal to the Immigration and Protection Tribunal against liability, on the facts or on humanitarian grounds. The periods for responding to a notice and for appealing are short and are set by the Act. A person unlawfully in New Zealand may also make a request under section 61 for a visa to be granted, which is an absolute discretion — there is no right to a decision and no appeal from it.

What are an employer's obligations when hiring a migrant in New Zealand?

It is an offence under the Immigration Act 2009 to employ a person who is not entitled to work, and the offence is aggravated where the employer knew of the position. Employers must check and retain evidence of a worker's entitlement to work before employment begins — VisaView allows an employer to verify entitlement directly. Employers recruiting migrants on work visas are generally required to hold accreditation and to meet its conditions on wages, employment agreements and workplace practices. Immigration obligations sit alongside, not instead of, ordinary employment law duties: a migrant worker has the same minimum entitlements as any other employee.

This page summarises New Zealand legislation for research purposes. It is not legal advice and does not create a lawyer-client relationship. Statutory provisions change — always check the current text of the Act.