Procedure after IPT Tribunal Case Success.

[adnanmir]

Hi Every One,

I would like to know after the IPT directs INZ to do re-assement of the application , how long the case proceed and what other important things needs to be consider during this process. Any chances of interview and if so can any one share its experience and tips.

[sks]

I've no personal knowledge of the IPT, but I've read through quite a few IPT case decisions (former legal training is the only reason for my curiosity -- I'm sure that most would consider reading case decisions an agony!)

Knowing nothing about your case, then, most successful appeals that I've read will have disclosed an error in INZ's application of their own policy to the appellant's particular case. So, if INZ have all of the information they need to apply policy correctly, but have made an error, you wouldn't necessarily have to supply them with any additional information, nor would they necessarily need to interview you. The tribunal will have specified the errors that were made, and will have directed INZ to correct them. I'm sure that you understand that correcting an error may not lead to a different result -- it may just yield a correct rationale, according to policy, of the original decision.

Surely you had legal representation at the hearing? I'd consider that directing your queries to your solicitor is likely to yield more specific and pertinent advice that the general community here could provide -- even though this particular forum might belie the truism that advice is worth what you pay for it.

[adnanmir]

I've no personal knowledge of the IPT, but I've read through quite a few IPT case decisions (former legal training is the only reason for my curiosity -- I'm sure that most would consider reading case decisions an agony!)

Knowing nothing about your case, then, most successful appeals that I've read will have disclosed an error in INZ's application of their own policy to the appellant's particular case. So, if INZ have all of the information they need to apply policy correctly, but have made an error, you wouldn't necessarily have to supply them with any additional information, nor would they necessarily need to interview you. The tribunal will have specified the errors that were made, and will have directed INZ to correct them. I'm sure that you understand that correcting an error may not lead to a different result -- it may just yield a correct rationale, according to policy, of the original decision.

Surely you had legal representation at the hearing? I'd consider that directing your queries to your solicitor is likely to yield more specific and pertinent advice that the general community here could provide -- even though this particular forum might belie the truism that advice is worth what you pay for it.

Thanks Sk, for your very comprehended response , just to give you an idea around whats been directed INZ now is as below :
Directions


"The Tribunal makes the following directions:

1. The application is to be correctly assessed by an Immigration New Zealand officer not previously involved with the application, without the payment of any further application fee and in terms of Government residence instructions in effect on 20 May 2011.
2. On the basis that the appellant had the requisite points for employability and capacity building factors and therefore met the first-tier requirements of instructions at SM2.m.i, ii and iii (effective
29 November 2010), Immigration New Zealand is to consider if he meets the settlement and contribution requirements in SM2.m.iv.
3. The appellant is to be given an opportunity to provide further information to demonstrate he meets the settlement and contribution requirements of instructions.
4. The application is then to be correctly assessed in terms of whether the appellant meets the settlement and contribution requirements. If the appellant is to be. "further assessed" under SM4.20.c, the eligibility hierarchy in SM21.10.a and b (effective 4 April 2011) must be followed. Immigration New Zealand may consider whether to re-interview the appellant.
PARTIES'
5. If Immigration New Zealand raises any issues of concern with the appellant, including issues as to his potential employability in New Zealand, they are to be correctly related to the eligibility hierarchy in SM21.10 inclusive. The concerns must be set outclearly with any reasons. Any response by the appellant is to be considered and assessed against that eligibility hierarchy."

although i have spoken to the legal team but they are still also not sure of how INZ is going to progress on this now , all they are looking to do is put the application back to them , however what i want to understand is based on the directions from IPT,will the INZ has to act ASAP , if so what would they prefer to do in this case , is an interview looks imminent or not , will i be offered work to residence visa or will they again take same amount of the time they took before for the processing and outcomes

Any feedback and experience will be appreciated.