appeal to ministry for section 61 :URGENT

[alice]

Hi am unlawful in nz since november and i applied 4 times under section 61 and my all request was declined now i want to know can i apeal to ministry
as somebody told me u hv to appeal under 42days bt my lawyer saying u can also appeal after 42 days i want to confirm can i appeal or just lawyer wants to make money from me thanks

[Hagabel]

Hi am unlawful in nz since november and i applied 4 times under section 61 and my all request was declined now i want to know can i apeal to ministry
as somebody told me u hv to appeal under 42days bt my lawyer saying u can also appeal after 42 days i want to confirm can i appeal or just lawyer wants to make money from me thanks

I am guessing you have been denied 4 times for a legitimate reason probably partially because you did not maintain a lawful status. if I were you I would leave and maybe try reapplying in a few years. What is the reason you have been denied per INZ?

[Karen Phillips]

There are many possible issues here and so no one on the forum can answer you accurately because a lot depends on why you are in NZ unlawfully, why the Section 61s were declined etc. Assuming that your lawyer is someone who is qualified, experienced and who you trust, you should probably listed to her or him. My gut feeling from the little I know is that an appeal to the Minister is unlikely to succeed. The last one I made on behalf of a client took about 4 months and was declined without any reason being given even though I believe we had a strong case.

[alice]

hi karen
i was unable to complete my studies brcause of kidneystone .i got two kidneystones while i was studying here
due to too much pain i was unable to attend my classes
immigration extended my visa two times for short period but that time was not enough..
i applied my visa three days before expiring but they returned my file because my medical was expired..i attached my medical but chest xray was not there..
i applied partnership visa ( which i think it was my mistake)
i just want to complete my studies,,i was unable to do it because of medical comditions

[swearwolves]

Accruing illegal presence in the country is not recommended. You must leave the country as soon as possible and take things from there. You are only making things worse by continuing to overstay.

[Karen Phillips]

Hi Alice. It sounds like you have had a really rough time. I have known of cases similar to yours where INZ has been convinced to let you stay to complete your studies - but as i said before, I don't know enough details. Trust your lawyer - it's the best advice I can offer. While others on this Forum may be giving you "advice" to leave NZ immediately, I would suggest that while it may be the correct procedure for you to leave the country, no one on here knows as much about your case nor about immigration law as your lawyer (hopefully!) and that includes me. Good luck!

[alice]

Hi all thank you all for replies i just want to complete my studies so i can go back to my home country and apply another visa to some other country
thanks all

[larrykiwi]

If you believe you have a good case and you can list down all chronological events with documentary evidence. Submit Section 61 without lawyers or IA. You may have a better chance. Statistically, those who make S61 request on their own have better chance than those who make the request via lawyer or IA.

[Karen Phillips]

Hi Larrykiwi. The statement you made may well be true, but it is a little misleading (no offence intended). One of the reasons why the percentage of Section 61 appeals and visa applications that are successful when made without a lawyer or LIA might be higher is that people with straightforward cases are more likely to do it themselves. When there are complications, people are more likely to use a professional. These latter cases, by definition, are more likely to be risky and face decline. While I have no vested interest in this case and am not creating "jobs for the boys", I really think Alice needs all the help she can get here. I was a senior manager in Higher Education in NZ long before I became an LIA and have seen students go through this process with and without a successful outcome. The only ones I know of who succeeded had a good LIA or lawyer on their side.

[swearwolves]

Hi alice,

While some members on this forum might try to mock other members' advice by putting the word advice in quotes, I'd strongly suggest you to blindly obey what INZ are telling you to do and lawyer up *outside* the country. Going against INZ's rules because you are convinced you are right is not a good idea. It'll do you no good, I assure you.