Immigration & Protection
Immigration & Protection judgments from New Zealand courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Tribunal dismisses appeal for lack of jurisdiction in immigration claim
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.
Tribunal Rejects Appeal for Refugee Status Due to Lack of Credible Evidence
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.
Tribunal Rejects Humanitarian Appeal Against Deportation for Worker in Auckland
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.
Tribunal dismisses deportation appeal for lack of exceptional humanitarian circumstances
The Immigration and Protection Tribunal dismissed an appeal by a non-resident seeking to avoid deportation based on exceptional humanitarian circumstances. The claimant argued that his studies, financial situation, and family ties in India warranted remaining in New Zealand. However, the Tribunal found no such exceptional circumstances existed.
Applicant denied refugee status and protection in New Zealand
A worker's appeal for refugee or protected person status was denied by the Immigration & Protection Tribunal after failing to provide sufficient proof of danger upon returning to India from New Zealand. The decision highlights the need for strong evidence when claiming protection based on threats or risks.
Tribunal Rejects Non-Resident's Humanitarian Appeal to Avoid Deportation
The Immigration & Protection Tribunal dismissed an appeal by a person seeking to avoid deportation on humanitarian grounds. The claimant argued that their relationship with a New Zealand-resident partner meant deportation would be unjust, but the Tribunal disagreed, finding insufficient evidence of truly exceptional humanitarian circumstances.
Tribunal Overturns Denial of Residence Due to Flawed Credibility Assessment
The claimant applied for residency based on their partnership with their wife, but a person Zealand denied the application due to concerns about the a person’s credibility. The Tribunal ruled that a person Zealand's decision was incorrect because it did not properly assess all the evidence presented by the claimant.
Tribunal Grants Resident Visa to Avoid Deportation in Auckland Case
In this case, the Immigration & Protection Tribunal allowed an appeal against deportation for someone who had been unlawfully present in New Zealand after their visitor visa expired. The decision was based on exceptional humanitarian circumstances involving family ties and living conditions in a person.
Applicant's Appeal Dismissed for Lack of Job Offer Evidence in New Zealand
A person seeking residency under the Skilled Migrant category must obtain a job offer in New Zealand during their one-year search period. In this case, the applicant did not secure such an offer and was denied residence by Immigration New Zealand. The Tribunal upheld this decision, finding no special circumstances to warrant an exception.
Tribunal Rejects Risk of Persecution for Immigrant from Z City
A person from India appealed for refugee status after facing threats because of their romantic relationship with someone from a higher caste. The Immigration & Protection Tribunal found that there was not enough credible evidence to support the claim, so the appeal was dismissed.
Immigration Tribunal rejects refugee status claim for lack of persecution evidence
A person from India sought refugee and a person status in New Zealand but was denied by the Immigration & Protection Tribunal. The decision was based on lack of sufficient evidence showing risk of persecution or serious harm back home.
Tribunal dismisses deportation appeal for Tuvalu citizen
An unlawful immigrant's appeal to remain in New Zealand due to family ties was dismissed by the Immigration & Protection Tribunal. The Tribunal found that the claimant did not meet the high threshold for humanitarian exceptions.
Tribunal Rejects Humanitarian Appeal for Non-Resident
An Indian citizen appealed to avoid being deported from New Zealand on humanitarian grounds. The Immigration and Protection Tribunal found that the appellant had not shown exceptional circumstances justifying staying in New Zealand over India, dismissing the appeal.
Tribunal Rejects Refugee Claim for Man from India
A person from India appealed for refugee status in New Zealand but was denied because their story about being at risk wasn't fully believed by the Immigration & Protection Tribunal, citing inconsistencies in their account.
Tribunal dismisses appeal for refugee status due to lack of credible evidence
A person seeking refugee or a person status in New Zealand must provide credible evidence showing they face serious harm if returned home. In this case, the Immigration & Protection Tribunal found insufficient proof and denied the claimant's request.
Tribunal Rejects Humanitarian Appeals for Non-Residents Seeking to Avoid Deportation
The Immigration & Protection Tribunal dismissed an appeal by a husband and wife from India seeking humanitarian grounds against deportation. They claimed risks of political persecution, but the Tribunal found no exceptional circumstances warranting their stay in New Zealand.
Tribunal Rejects Truck Driver's Refugee Status Claim in Jammu
a person seeking refuge in New Zealand due to threats faced in their home country must provide strong evidence that they face real danger if returned. In this case, the Immigration & Protection Tribunal found insufficient proof for granting refugee status or a person status.
Refugee Status Appeal Denied for Applicant from Jammu Region
A person from India appealed for refugee and a person status after facing threats from cross-border conflicts but was denied because there wasn't enough proof that they would face serious harm if returned home. The Immigration & Protection Tribunal decided the claimant did not meet the criteria under New Zealand law.
Applicant denied residence due to insufficient proof of legal earnings and settlement funds in Auckland
A person applied for residency in New Zealand under the Parent Retirement visa category but was denied by Immigration New Zealand due to insufficient evidence of legal earnings and lack of settlement funds. The Tribunal upheld this decision, finding that the a person did not provide enough proof to meet the requirements set out in the instructions.
Tribunal Upholds Denial of Skilled Residence Application for Specialist Abseiler
Immigration New Zealand rejected a residence application for a skilled migrant due to insufficient evidence of skilled work experience. The Immigration and Protection Tribunal upheld this decision, finding that the applicant's employment did not meet the required criteria under ANZSCO classifications and lacked special circumstances warranting an exception.