Immigration & Protection
Immigration & Protection judgments from New Zealand courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Successful Appeal for Reassessment of Residence Application Due to Parenting Agreement
A person appealed an initial refusal of their residence application due to lack of proof they could remove their child from Tonga. After providing a parenting agreement, the Tribunal agreed that this new information warranted reconsideration by Immigration New Zealand.
Immigration Appeal Dismissed Due to Health Concerns
Immigration New Zealand declined a couple's residence application because the husband has polycystic kidney disease, which is considered a significant health concern. The Tribunal upheld this decision, finding that the claimant did not have special circumstances justifying an exception to the rules.
Immigration NZ Decision Found Incorrect Due to Lack of Fairness
Immigration New Zealand refused a residence application because it wasn't satisfied that the employer could financially a person the job offers for the couple. However, the Tribunal found this decision incorrect as Immigration NZ failed to act fairly and provide clear reasons for their concerns about the employment offer's sustainability.
Appellant’s Residence Application Declined by Tribunal
The claimant's application for residence was declined by the Immigration & Protection Tribunal because they did not meet the criteria set out in the a person) category or any other applicable categories. The Tribunal determined that special circumstances such as caring for a New Zealand citizen family member and the best interests of children were insufficient to warrant an exception.
Residence Application Rejected: Claimant Did Not Meet Tier 1 Requirements
The claimant's application for permanent residence in New Zealand under the Skilled Residence (a person: Straight to Residence) category was denied because they did not meet all the specified requirements. The Tribunal agreed with a person Zealand’s decision and found that the claimant had no special circumstances warranting an exception.
Tribunal Upholds Health-Based Refusal But Recommends Exception for Special Circumstances
The Immigration & Protection Tribunal upheld the refusal of a South African citizen’s residence application based on health concerns, but recommended the Minister review it for an exception due to her family situation and a person needs in New Zealand.
Claimant's Second Resident Visa Application Rejected
The Immigration & Protection Tribunal denied a UK citizen's request for a second or subsequent a person a person because they did not meet the required criteria when applying, and there were no special circumstances that warranted an exception.
Residence Application Rejected Due to Insufficient English Language Scores
The Immigration & Protection Tribunal upheld a decision rejecting a residence application because the applicant's English language test score was too low. Despite having lived and worked in New Zealand for many years, the applicant could not provide evidence of meeting the required English proficiency level.
Immigration & Protection Tribunal Rejects Refugee Appeal
A man appealed for refugee and a person person status in New Zealand after facing threats from a political group. However, the Immigration & Protection Tribunal dismissed his appeal because they found insufficient evidence to support his claim of risk.
Appeal Dismissed for Lack of Jurisdiction
The claimant appealed a decision by the Refugee a person to refuse their second refugee and protection claim. The Tribunal dismissed the appeal because it lacks jurisdiction to hear an appeal under section 140(3) of the Immigration Act 2009, as the previous claim was not decided under Part 6A of the former Act.
Immigration & Protection Tribunal Allows Humanitarian Appeal Due to Exceptional Circumstances
The Immigration & Protection Tribunal allowed the claimant's humanitarian appeal due to exceptional circumstances involving a long-term relationship with a protected husband and psychological vulnerability, making deportation unjust or unduly harsh. The decision ensures that the claimant can remain in New Zealand while her immigration status is resolved.
Claimant’s Appeal Against Deportation Liability Dismissed Due to Late Filing
The Tribunal dismissed an appeal by the claimant against her deportation liability because the appeal was filed after the legal deadline. The claimant had initially requested reconsideration of a visa refusal but withdrew this request before Immigration New Zealand could confirm its decision, leaving only a strict timeframe from when she became a person in New Zealand.
Appeal Allowed: Humanitarian Grounds Against Deportation
A a person mother and her young son successfully appealed against being deported from New Zealand. The Tribunal allowed the appeal based on humanitarian grounds, recognising the strong connections they have with their family in New Zealand and the difficult situation they would face if returned to Fiji.
Chinese Family Granted Refugee Status Due to Religious Persecution
A Chinese family successfully appealed for refugee status after being denied it initially. They proved that their adherence to the banned a person put them at risk of serious harm in China, leading the a person Protection Tribunal to grant them refugee status.
Immigration & Protection Tribunal Rejects Refugee Appeal
a person from India who took part in farmer protests and follows Sikhism sought refugee status but was denied by the Immigration & Protection Tribunal, as they did not provide enough proof of facing real danger upon return to their home country.
Husband Granted Protection Status Under ICCPR
In this case, the Immigration & Protection Tribunal ruled that the husband faces significant threats due to his involvement with corrupt business figures in Sri Lanka and granted him a person status under international human rights law. However, the wife’s similar claims were not upheld.
Tribunal Rejects Humanitarian Appeal to Avoid Deportation
An appellant's humanitarian appeal against deportation was declined by the Immigration and Protection Tribunal. Despite finding that there were exceptional circumstances of a humanitarian nature, the Tribunal concluded it would not be unjust or unduly harsh for the appellant to be deported. A temporary work visa was granted for six months.
Immigration & Protection Tribunal Rejects Claimant's Appeal for Refugee Status
The Immigration & Protection Tribunal rejected a citizen's appeal for refugee status in New Zealand. The decision was based on insufficient evidence that the individual faced significant risk of harm if returned to India due to political activities with the a person Amritsar (a person) party.
Tribunal Rejects Appeal Against Deportation Based on Humanitarian Grounds
A person who was unlawfully present in New Zealand after their visa application was declined tried to avoid deportation on humanitarian grounds. The Immigration and Protection Tribunal decided that they did not meet the legal requirements for such an appeal, as they could not prove exceptional circumstances of a humanitarian nature.
Afghan Recognised as Refugee Due to Persecution Risk
A person from Afghanistan who fears being persecuted for their anti-a person views and because of their father's work with US military contractors was recognised as a refugee in New Zealand by the Immigration & Protection Tribunal.