special circumstances
📖 What is special circumstances? Meaning and definition
Special circumstances are a crucial ground for appeal in New Zealand immigration cases, allowing individuals to argue that their unique situation warrants a recommendation for an exception to the standard Government residence instructions. These instructions are detailed in Immigration New Zealand’s Operational Manual. The concept acknowledges that while an application might not meet the strict criteria of the residence instructions, there may be compelling personal reasons that should still lead to a positive outcome.
When an appeal is made on the basis of special circumstances, the Immigration and Protection Tribunal assesses whether the appellant's situation is sufficiently unique or compelling to recommend that the Minister of Immigration consider an exception. This doesn't mean the original decision to decline the application was incorrect in terms of the instructions, but rather that the circumstances are so significant they should override the standard rules.
Factors that have been considered as special circumstances include a long period of settlement in New Zealand, strong connections to the community, significant contributions through employment (such as caring for a disabled person), completing studies and developing a career in New Zealand, or having New Zealand citizen children. The focus is on the individual's integration into New Zealand society and the hardship or injustice that might arise if an exception is not granted.
Ultimately, a finding of special circumstances by the Tribunal leads to a recommendation to the Minister of Immigration, who then has the discretion to grant an exception to the residence instructions. It is not a guarantee of residence but a strong endorsement for individual consideration.
📋 Requirements
- The appellant's circumstances are unique or compelling enough to warrant an exception to standard residence instructions.
- Evidence of long settlement in New Zealand, community connections, and contributions through employment.
- Demonstration of social circles, completed studies, and career development within New Zealand.
- Having New Zealand citizen children or other strong family ties within the country.
📝 Procedure
- An individual's residence application is declined by Immigration New Zealand.
- The individual lodges an appeal with the Immigration and Protection Tribunal.
- The appeal is made on the ground that the appellant's special circumstances warrant an exception to residence instructions.
- The Tribunal assesses the presented evidence and arguments regarding the special circumstances.
- If special circumstances are found, the Tribunal recommends to the Minister of Immigration that an exception be considered.
💡 Examples
- A person who has lived in New Zealand for many years, has strong community ties, and has contributed significantly through their work, such as caring for a young disabled person, might be found to have special circumstances.
- An individual who has spent almost half their life in New Zealand, completed their studies, developed a career, and formed social circles could argue special circumstances.
- Parents of New Zealand citizen children, especially those born in New Zealand, who have been unlawfully present for a period but are now well-settled, may have their circumstances considered special.
- A highly skilled individual whose expertise benefits New Zealand, combined with a long period of settlement, could present a case for special circumstances.
📚 Legal basis
- Immigration Act 2009
❓ Frequently asked questions
What does 'special circumstances' mean in immigration appeals?
It means there are unique or compelling reasons in your personal situation that should lead the Minister of Immigration to consider making an exception to the usual residence rules, even if your application didn't meet the standard criteria.
Who decides if I have special circumstances?
The Immigration and Protection Tribunal assesses whether your circumstances are special enough to warrant a recommendation to the Minister of Immigration. The Minister then makes the final decision on whether to grant an exception.
What kind of things count as special circumstances?
Factors like a long period of living in New Zealand, strong connections to your community, significant contributions through your job, completing your education and building a career here, or having New Zealand citizen children can all be considered.
Does a finding of special circumstances guarantee I will get residence?
No, it does not guarantee residence. A finding of special circumstances means the Tribunal recommends to the Minister of Immigration that an exception should be considered. The Minister still has the final say.
Can I appeal on the grounds of special circumstances if my application was declined because it didn't meet the rules?
Yes, this is precisely one of the grounds for appeal. You can argue that while the decision was correct in terms of the residence instructions, your unique circumstances should still lead to an exception.
Where can I find the Government residence instructions?
The Government residence instructions are contained in Immigration New Zealand’s Operational Manual, which is available on their website, www.immigration.govt.nz.