Exam TO

Question 1

Judicial Review application for review of decision making process

Answer 1

s247(1)

Question 2

Deportation of residence class visa holder in relation to conviction of criminal offence

Answer 2

s161

Question 3

Unlawfully in New Zealand

Answer 3

s154

Question 4

Minister decides he/she has cause to cancel Temporary Visa

Answer 4

s157

Question 5

Cancellation of refugee or protected person status

Answer 5

s194(1)

Question 6

Decline to accept claim on basis that it was not made in good faith

Answer 6

s194

Question 7

False identity

Answer 7

s156

Question 8

Cease to recognise person as a refugee

Answer 8

s194(1)

Question 9

Where deportation of protected person status is cancelled

Answer 9

s162

Question 10

To decline to consider refugee or protected person status owing to international arrangements with other countries

Answer 10

s194(1)

Question 11

Breach of visa condition

Answer 11

s159

Question 12

Visa granted in error

Answer 12

s155

Question 13

Appeal against decline of residence visa

Answer 13

s187(1)

Question 14

Decline application to recognise refugee or protected person

Answer 14

s194(1)

Question 15

Deportation of residence class visa holder if visa obtained by fraud

Answer 15

s158

Question 16

Deportation relating to character issues

Answer 16

s160

Question 17

When must a residence class visa appeal be lodged with the Tribunal?

Answer 17

Within 42 days after the date the appellant was notified of the decision

Question 18

How is the date of notification calculated?

Answer 18

Counted from 14 days after the date on which the notice or decision was posted – if the address is in New Zealand; or from 21 days after the date on which the notice or decision was posted – if the address is outside New Zealand

Question 19

How is the period of time to lodge a residence class visa appeal calculated?

Answer 19

Where extrinsic evidence establishes when notice was actually given of the
Immigration New Zealand decision, time for appeal runs from that date – see Rao v
Minister of Immigration [2015] NZHC 2669. Where notice was given:
(a) by registered letter or courier, the time for appeal runs from delivery of
the Immigration New Zealand decision to the person’s contact address;
(b) by email, the time for appeal runs from delivery of the Immigration New
Zealand decision to the recipient’s server – see LJ (Skilled Migrant)
[2018] NZIPT 204512.

If there is no extrinsic evidence of delivery, it is deemed to have been received 3 days
after the date on which it was sent (if sent by email), or 7 days after the date on which
it was sent (if sent by registered letter or courier to an address in New Zealand), or
14 days after the date on which it was sent (if sent by registered letter or courier to an
address outside New Zealand) – (section 386A(4) and (5))

Question 20

How is the period of time to lodge a residence class visa appeal calculated?

Answer 20

The 42-day period includes Saturdays and Sundays, excludes the public holidays falling on weekdays listed in Guide 1 and excludes 26 December to 31 December

Question 21

Why is it critical to supply all documents, evidence or information that you want the Tribunal to consider?

Answer 21

It is critical because residence appeals are heard on the papers only

Question 22

What was the outcome of BC (Residence from Work) [2018] NZIPT 204902?

Answer 22

Decision cancelled and application returned to INZ for re-assessment under Immigration Act s188(1)(e)

Question 23

What was the outcome of AC (Skilled Migrant) [2018] NZIPT 204867?

Answer 23

Decision confirmed as correct but decision cancelled and referred back to INZ for re-assessment with new information under Immigration Act section 188(1)(d)

Question 24

When should a Residence Class Visa Appeal (Form 1) be used?

Answer 24

If an appellant wants to appeal to the Immigration and Protection Tribunal against a decision by Immigration New Zealand or the Minister of Immigration declining [the appellant’s] residence class visa application, If an appellant wants to appeal to the Immigration and Protection Tribunal against a decision by Immigration New Zealand or the Minister of Immigration cancelling [the appellant’s] residence class visa application, If an appellant wants to appeal to the Immigration and Protection Tribunal against a decision by Immigration New Zealand or the Minister of Immigration refusing to grant [the appellant] (a resident visa holder) entry permission into New Zealand.

Question 25

What is the filing time for a residence appeal?

Answer 25

42 days (s 187(5) IA 2009

Question 26

What is the filing time for a refugee appeal?

Answer 26

10 days (5 days if in custody) s194(2)(a) IA 2009

Question 27

What is the filing time for a Deportation (resident) appeal?

Answer 27

28 days(ss 158-161(2) IA 2009)

Question 28

What is the filing time for a Deportation (unlawful) appeal?

Answer 28

42 days (28 days if temp visa granted in error, or with sufficient reason to deport) (s154(2) IA 2009)

Question 29

What discretion is there to waive filing fees relating to IPT appeals?

Answer 29

There is NO discretion to waive filing fees

Question 30

How can fees for IPT appeals be paid?

Answer 30

By NZ Cash, bank cheque or credit card

Question 31

What numbering system is used for IPT Residence appeals?

Answer 31

200000s

Question 32

What number system is used for Deportation appeals?

Answer 32

500000s

Question 33

What numbering system is used for Refugee/Protection Appeals?

Answer 33

800000s