As a young girl growing up in a small village in India, Sunita always dreamed of travelling the world. She worked hard, studied well and finally got the opportunity to pursue her dream of studying abroad in New Zealand. She filled out the visa application form with great care, submitted all the necessary documents, and waited eagerly for the result.
But when the email finally arrived, it wasn’t what she was hoping for. Her application had been declined. Sunita was devastated. She had put all her hopes and dreams into this one application, and now it seemed like her dreams would never come true.
But Sunita didn’t give up. She knew that there were options available to her, and she was determined to fight for her dream. She did her research, spoke to immigration experts, and learned everything she could about appealing against a visa refusal.
In this blog post, we will take a closer look at what options are available to those who have had their visa applications declined, and how they can appeal the decision.
If your visa application has been declined, the first step is to ask for the decision to be reconsidered. You can do this as long as you are in New Zealand lawfully, and make the request within 14 days. While there is no guarantee that the decision will be overturned, it is always worth a try.
2. Ministerial Intervention
If the reconsideration is unsuccessful, you can appeal to the Minister of Immigration. This is a more formal process, and it is advisable to seek the help of an immigration lawyer to guide you through it. The Minister has the power to intervene in exceptional cases, where there are compelling humanitarian or other reasons for doing so.
3. Immigration and Protection Tribunal
If the appeal to the Minister is also unsuccessful, you can appeal to the Immigration and Protection Tribunal. This is an independent body that hears appeals against immigration decisions. The tribunal will consider all the evidence and make a decision based on the merits of the case.
4. Deportation Liability
If you are facing deportation after a visa refusal, you can appeal on humanitarian grounds. You must do this within 42 days of receiving confirmation of the decision. This appeal is heard by the Immigration and Protection Tribunal.
In conclusion, it is important to remember that having your visa application declined is not the end of the road. There are options available, and it is possible to fight for your dream. As Sunita found out, with determination and perseverance, anything is possible. So, if you have had your visa application declined, don’t give up. Keep fighting for what you believe in, and you may just find that your dream comes true after all.
* Names have been changed to protect privacy.