IPT Appeal changes

[anzi91]

Hi Folks,

I hope you are having a great lovely long weekend!

I wanted to ask couple of doubts that I had regarding the process of IPT.

1.If I have lodged an appeal to IPT for a declined SMC visa and in the meantime i change my job , does IPT makes the decision based on the job I had when my application was declined or it makes a decision and passes to INZ to assess my current job role again and then INZ makes a decision based on my current role?

2.As I possibly think if the decision that IPT and INZ makes after the appeal is in the appellant's favor it should not matter what job the appellant is doing currently as the initial decision was wrong and hence a new job should not be assessed again if the decision to decline was wrong at first place?
(i.e SMC resident Visa should have been granted at that time so the job role of current situation should not matter or should not be considered?)

I just wanted to clear my concerns if someone can please reply, all your opinions would be really helpful :-)

Kind regards,
A

[RachelWong]

Hi anzi,

For your case, I think the best way is to ask a lawyer for a professional advice. They would know it better and give you the suggestion according to the law.

As I just replied a PPI letter with my lawyer's help last week, he showed me some appeal cases during the preparation period. In those cases, they all said the INZ's initial decision was wrong and required INZ to reaccess, which is based on the "past information". However, they also mentioned that the appellant need to provide any updated informantion.

So, in my point of view, if the Tribunal requires the INZ to reassess your case, but you have already changed your job, then you need to update your new job detail to the new CO BECASUE you need to inform your CO any changes during the accessment period. And your new job should be skilled and can claim the relavant points.

That's all my opinions, I still suggest you should ask a lawyer for advice.

Hope you will find the best way to get your positive outcome soon!

[JandM]

I see what your argument is, and what you want the answer to be, and why. But I don't know how that would work out in real life.

I agree with RachelWong about the need for professional advice.

[ChrisMwn]

Normally IPT would only consider the information that was available to INZ at the time the decision was made.
If your circumstances ( job and employer) have changed then that might lead to another ( successful) application?

[Jennyjohn]

Hi JandM
will the declined residency visa affect the later applications? I was declined because of misleading information but in fact I did not give. All things were culture. I am going to appeal but I do not know whether it will be successful or not.
Should I reapply for other kinds of visa under partnership?

[JandM]

If an applicant has been refused a visa in the past because of misleading information, for future applications that shows up as a character issue, so there will be a requirement for explanation of the previous case, and may well mean that there has to be an application for a character waiver. Obviously, if you can succeed on appeal, that would make life easier.

Should I reapply for other kinds of visa under partnership?

You haven't said enough about your circumstances to allow us to understand what is involved.

[Jennyjohn]

If an applicant has been refused a visa in the past because of misleading information, for future applications that shows up as a character issue, so there will be a requirement for explanation of the previous case, and may well mean that there has to be an application for a character waiver. Obviously, if you can succeed on appeal, that would make life easier.
You haven't said enough about your circumstances to allow us to understand what is involved.

Hi JandM

I applied for residence visa via Partnership in Feb 2016. Then IO said that I gave misleading information in 3 following aspects
First I ticked " Married" rather than Separated in my previous student visa application. I explained that in my law (Our law doesnt realize Separated status) and Asian Culture, at that time I was legally married and was nor divorced and I moved out of the house 3 months before I applied for because I had no feelings for my husband but he did not want. Application was an official form so in my country when filling in any official form, my understanding was that i had to declare " Married". But CO accused me of intentionally deceiveing INZ.
Second, in my student visa application, there was a confirmation of my husband's salary and certificate of land ownership under both my name of his name. They accused me of trying to get visa by providing those document. I explained that in sep 2014. I applied for student visa for me and my young daughter and they declined my visa because they said that finance was not enough for me, my young child and my older child (my old child had already been in NZ as a student at a university). after being declined, I believed that finance was enough for me but not for my children ( All other source of money provided for INZ was under only my name), so I thought my husband should support for his children and so his confirmation of salary and certificate of land ownership under my name and his name were enclosed in my second visa application. NIz also confirmed that if I finance was enough for myself
Third, in the contact section in the previous appication, I fill in my older child and they said that I withheld information. In fact I thought that that contact should be used in emergency when INZ wanted to contact so I put my 18-year-old child's name rather than my partner's name now (because at that time I and my partner were lovers and we never lived together). Now I understand that I should have put both names.
I was very stressful because what I had declared was what i understood and I did not intend to deceive anyone.
My visa was declined. should I appeal or should I reapply?

[JandM]

ChrisMwn, who is an LIA, may be able to tell you if he thinks an appeal has any chance in these circumstances.

[Jennyjohn]

Thank you JandM
Feeling frustrated now