|Residence Appeals Authority
The Residence Appeal Authority ("RAA")
is based in Wellington.
You may appeal to the RRA within 42 days
of being notified by the New Zealand Immigration
Service that it has declined to approve your
residence application. You have very narrow
rights of appeal with the RAA. You may only
appeal against a refusal on the following
1. The refusal was not correct in terms of
the Government Residence Policy;
2. Your "special circumstances"
are such that an exception to the Government
Residence Policy should be considered.
An actual case involving "special circumstances"
is as follows:
A person wanted to apply under the General
Skills Category, however as he was 56 years
old, he could not apply as the maximum age
limit is 55 years. The appellant had a Master
of Arts degree in Psychology and over 20
years of experience in the area of alcohol
and drug treatment and prevention. He held
a number of senior positions in his field
that involved managing specialist alcohol
and drug programmes in his home country.
He had several awards. The appellant held
a senior position in the field of alcohol
and drug addiction treatment in the New Zealand
The RAA held that due to the appellant's
special circumstances and also if he had
been under 56 years of age, he would have
obtained more than the 25 point pass mark,
the RAA recommended to the Minister of Immigration
that he be granted residency.
If you are not satisfied with the RAA decision
you can apply to the High Court for a 'judicial
review' of the decision. The High Court may
decide that the RAA's decision was affected
by bias, prejudice or the decision was unreasonable.
If the High Court decides this, the application
is referred back to the RAA for a decision.
If you are dissatisfied with the High Court
decision you may appeal on a point of law
to the Court of Appeal.
Apart from appeals to the RAA the Immigration
Act allows the Minister of Immigration to
grant a Residence Visa/Permit at his discretion.
However it is important to realise that should
you apply to the Minister and he declines
your application you cannot then apply to
the RAA. It is therefore preferable to appeal
to the RAA first, and if the appeal is declined
to then appeal to the Minister of Immigration.
Unlike Residence Visas/Permits there is no
right of appeal to a Review or Appeals Authority
if NZIS refuse to issue you a Temporary Visa/Permit
such as a Work Visa/Permit or Student Visa/Permit.
However you may apply for a "reconsideration"
of the NZIS decision.
You can have the NZIS decision not to grant
you a temporary permit 'judicially reviewed'.