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Thread: How to Appeal against visitor visa decision

  1. #1
    Join Date
    Dec 2016
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    Default How to Appeal against visitor visa decision

    Hi,
    The letter we get from INZ sates

    Under section 186 of the Immigration Act of 2009, there is no right of appeal or reconsideration
    against a decision on a temporary entry class visa application made outside of New Zealand (as per
    immigration instruction E7.35.1).

    While the web site sates that you can appeal the visa decision if for visitor if you resident in NZ

    Appealing a visa decision
    There are different processes for appealing visa decisions, depending on whether you applied for:
    a temporary visa as a visitor, student or for work, or
    a residence visa — you must appeal within 42 days of the decision.
    Reconsideration of a declined temporary visa


    Is anyway to appeal the decision and how to complain about INZ system ?

  2. #2
    Join Date
    Feb 2008
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    37,432

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    Is it correct that your wife's friend who applied for a visitor's visa is overseas, not in New Zealand?

    If that is the case, she cannot appeal against the refusal. See here. https://www.immigration.govt.nz/new-...-declined-visa
    You can request reconsideration if you meet all these requirements:

    Your application for work, student or visitor visa was declined
    You are in New Zealand when you request reconsideration
    You still hold a valid visa (this includes if you are on an interim visa)
    We receive your application for reconsideration no more than 14 days after you received our decision to decline your visa
    You can't appeal it, although you are in NZ, because it wasn't a visa for you.

    And she probably can't complain, either, if she is wanting to complain about the outcome of the application. It specifically says here https://www.immigration.govt.nz/cont...aint-about-inz that one 'cannot dispute a decision we have made about a visa application.'

    I sympathize with how frustrated you must all be feeling. The problem is that there is no obligation on the NZ government to grant any foreigner a visitor's visa. It's a situation like standing on someone's doorstep and knocking; the householder does not have to let anyone step inside if they decide not to, regardless of what the person outside says is their reason for wanting to.

  3. #3
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    Quote Originally Posted by JandM View Post
    Is it correct that your wife's friend who applied for a visitor's visa is overseas, not in New Zealand?

    If that is the case, she cannot appeal against the refusal. See here. https://www.immigration.govt.nz/new-...-declined-visa

    You can't appeal it, although you are in NZ, because it wasn't a visa for you.

    And she probably can't complain, either, if she is wanting to complain about the outcome of the application. It specifically says here https://www.immigration.govt.nz/cont...aint-about-inz that one 'cannot dispute a decision we have made about a visa application.'

    I sympathize with how frustrated you must all be feeling. The problem is that there is no obligation on the NZ government to grant any foreigner a visitor's visa. It's a situation like standing on someone's doorstep and knocking; the householder does not have to let anyone step inside if they decide not to, regardless of what the person outside says is their reason for wanting to.
    Thanks JandM I appreciate your support but again the example you given is that she wants to know what is wrong and I lost Confidence in INZ to invite anyone and advice anyone to visit NZ, but I will try to submit a complaint about the process and see

  4. #4
    Join Date
    Nov 2015
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    Are you sure you are telling us the whole story here?

    If your wife’s friend has three young children to take care of , wouldn’t it make more sense for your wife to go visit her?

  5. #5
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    You can't appeal an offshore temporary visa application . What was wrong is clearly stated in the declined letter .
    Most of us have been in this situation and thought we reached all requirements but was declined a temporary entry . One thing i understand is , visa is not your right . Let me take for instance ,my family and friends don't have the right to just come in my house without knocking at the door , when they knock it's up to me to decide if I'll let them in my house or not and you can't sue me to court or report me to the federal police that i refused to let you in my house . Simply it Can't be appealed Sir . Thanks
    Last edited by onyiking; 27th January 2019 at 09:56 PM. Reason: Correction

  6. #6
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    Nothing has been hidden from what you mean is outside the visitor visa topic her children are 12 and 20 and 23 years old enough to take care of my wife commitment is different
    Last edited by khaled_eid; 28th January 2019 at 05:11 PM.

  7. #7
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    Quote Originally Posted by onyiking View Post
    You can't appeal an offshore temporary visa application . What was wrong is clearly stated in the declined letter .
    Most of us have been in this situation and thought we reached all requirements but was declined a temporary entry . One thing i understand is , visa is not your right . Let me take for instance ,my family and friends don't have the right to just come in my house without knocking at the door , when they knock it's up to me to decide if I'll let them in my house or not and you can't sue me to court or report me to the federal police that i refused to let you in my house . Simply it Can't be appealed Sir . Thanks
    I talked to immigration today about the policy and used this one as an example they have nothing say other than it is up to the officer she already have a job and some funds in her bank account no specific requirement about the these. I can say it is non transparency system I will going to take it further hopefully can be sorted in a more black and white requirement

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