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Thread: Referred to Minister of immigration

  1. #1
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    Default Referred to Minister of immigration

    So I lodged my EOI in June 2016 and received ITA In July. I received C/O in Jan 2017 but in Feb was told they had serious concerns with my application not meeting the criteria. I answered the C/O arguments but in March 2017 was declined. I then recruited a lawyer to appeal my case and whilst we were writing my case I received a letter advising me that the decision by IMNZ to decline my case was correct but the IPT has recommended to the minister of immigration that my special circumstances are such as to warrant consideration as an exception to the instructions. My lawyer is also advising that in the minister rarely goes against the advice of the IPT. I’m trying not to build my hopes up. I’ve been in NZ for 7 years and worked in the ICT industry since week 1 and never had a break in work (except for a 6 weeks trip home) I’ve also made it my home and am very well settled here. I also have 11 years’ experience in the ICT industry from UK too. I am just wondering what made them refer it to the minister for immigration.

    Thanks and best of luck everyone

  2. #2
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    Quote Originally Posted by jstonley View Post
    So I lodged my EOI in June 2016 and received ITA In July. I received C/O in Jan 2017 but in Feb was told they had serious concerns with my application not meeting the criteria. I answered the C/O arguments but in March 2017 was declined. I then recruited a lawyer to appeal my case and whilst we were writing my case I received a letter advising me that the decision by IMNZ to decline my case was correct but the IPT has recommended to the minister of immigration that my special circumstances are such as to warrant consideration as an exception to the instructions. My lawyer is also advising that in the minister rarely goes against the advice of the IPT. I’m trying not to build my hopes up. I’ve been in NZ for 7 years and worked in the ICT industry since week 1 and never had a break in work (except for a 6 weeks trip home) I’ve also made it my home and am very well settled here. I also have 11 years’ experience in the ICT industry from UK too. I am just wondering what made them refer it to the minister for immigration.

    Thanks and best of luck everyone
    188 Determination of appeal in relation to residence class visa
    (1)
    In determining an appeal under section 187, the Tribunal may
    (a)
    confirm the decision appealed against as having been correct in terms of the residence instructions applicable at the time the application for the visa was made by the appellant; or
    (b)
    reverse the decision as having been incorrect in terms of the residence instructions applicable at the time the application for the visa was made by the appellant; or
    (c)
    note the correctness of the original decision in terms of the residence instructions applicable at the time the visa application was made on the basis of the information provided to the Minister or the immigration officer before the time of the decision, but reverse that decision on the basis of any information properly made available to the Tribunal that reveals that the grant of the visa would have been correct in terms of the applicable residence instructions; or
    (d)
    note the correctness of the original decision in terms of the residence instructions applicable at the time the visa application was made on the basis of the information provided to the Minister or the immigration officer before the time of the decision, but determine the appeal by cancelling the decision and referring the matter back to the Minister, if he or she made the decision, or the chief executive, in any other case, for consideration under those residence instructions as if a new visa application had been made that included any additional information properly provided to the Tribunal; or
    (e)
    determine the appeal by cancelling the decision and referring the application back to the Minister, if he or she made the decision, or the chief executive, in any other case, for correct assessment in terms of the applicable residence instructions, where the Tribunal—
    (i)
    considers that the decision appealed against was made on the basis of an incorrect assessment in terms of the residence instructions applicable at the time the application was made; but
    (ii)
    is not satisfied that the appellant would, but for that incorrect assessment, have been entitled in terms of those instructions to the visa or entry permission; or
    (f)
    confirm the decision as having been correct in terms of the residence instructions applicable at the time the visa application was made, but recommend that the special circumstances of the applicant are such as to warrant consideration by the Minister as an exception to those instructions.

  3. #3
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    Thanks for this. Do think I have a chance? Guess it's hard to say. I'm waiting to see how long it will take for a decision

  4. #4
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    Apr 2017
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    Default

    Quote Originally Posted by jstonley View Post
    Thanks for this. Do think I have a chance? Guess it's hard to say. I'm waiting to see how long it will take for a decision
    Good luck jstonley! Things will be fine with you for sure. God is great!

  5. #5
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    Quote Originally Posted by jstonley View Post
    So I lodged my EOI in June 2016 and received ITA In July. I received C/O in Jan 2017 but in Feb was told they had serious concerns with my application not meeting the criteria. I answered the C/O arguments but in March 2017 was declined. I then recruited a lawyer to appeal my case and whilst we were writing my case I received a letter advising me that the decision by IMNZ to decline my case was correct but the IPT has recommended to the minister of immigration that my special circumstances are such as to warrant consideration as an exception to the instructions. My lawyer is also advising that in the minister rarely goes against the advice of the IPT. I’m trying not to build my hopes up. I’ve been in NZ for 7 years and worked in the ICT industry since week 1 and never had a break in work (except for a 6 weeks trip home) I’ve also made it my home and am very well settled here. I also have 11 years’ experience in the ICT industry from UK too. I am just wondering what made them refer it to the minister for immigration.

    Thanks and best of luck everyone
    Hi Jsstonley,

    That is good to hear as it gives you hope and don't stress everything will be fine at the end.

    If you don't mind me asking on which role did they declined your resident visa.

    And after lodging an IPT appeal after how many months you got an answer?

    If you can please reply as per convenient time.

    Regards,

  6. #6
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    Sep 2016
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    I lodged IPT appeal in March I think and got this decision in July. The lawyer says that they decided on the decline outcome quicker than expected so I hadn't completed all of my evidence. I'm hoping it's a positive outcome. I've been in NZ for 7 years so it's home now. Have you applied for residency?

  7. #7
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    I hope things go your way.Youve worked hard here and payed tax so i think we should welcome people like you and not just throw citezenship to the highest bidder.Im a working NZer and its good to see people like you comming here doing the same and making a contribution.Best of luck

  8. #8
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    Nov 2004
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    Default

    Good luck, jstonely! I certainly hope they don't throw you out after so many years of hard work

  9. #9
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    Quote Originally Posted by Juniper View Post
    Good luck, jstonely! I certainly hope they don't throw you out after so many years of hard work
    Thanks mate. I've looked at every single case in the last 4 years that were referred to the minister and not a single one was declined so it gives me some hope.

  10. #10
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    Quote Originally Posted by Fat gig72 View Post
    I hope things go your way.Youve worked hard here and payed tax so i think we should welcome people like you and not just throw citezenship to the highest bidder.Im a working NZer and its good to see people like you comming here doing the same and making a contribution.Best of luck
    thanks for your kind words. New Zealand is home now.

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