Visa refusal can be a disheartening experience, especially when your hopes and dreams are pinned on travelling to a new country. However, the good news is that being declined does not have to be the end of your journey.
1. Reconsideration
Reconsideration is the first option available to you if your visa application is declined. You can request the immigration officer to reconsider your application as long as you are in New Zealand lawfully and make the request within 14 days. The immigration officer must give you written reasons for the decline, and you can provide new evidence or arguments that may have been overlooked in your initial application. However, there is no guarantee that the decision will be overturned, and you may still need to explore other options.
2. Ministerial Intervention
If the reconsideration process is unsuccessful, you can appeal to the Minister of Immigration. This is a formal process, and it is recommended that you seek the help of an immigration lawyer to guide you through it. You will need to demonstrate that there are exceptional circumstances that justify the Minister intervening in your case. These may include compelling humanitarian or other reasons, such as health or family reasons. It is important to note that the Minister has the discretion to intervene, and there is no right of appeal if the Minister decides not to intervene.
3. Immigration and Protection Tribunal
If the appeal to the Minister of Immigration is unsuccessful, you can appeal to the Immigration and Protection Tribunal. The tribunal is an independent body that hears appeals against immigration decisions. You will need to provide new evidence or arguments that were not considered in your previous application. The tribunal will consider all the evidence and make a decision based on the merits of the case. It is advisable to seek the help of an immigration lawyer to represent you at the hearing.
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, and you will need to provide evidence of the exceptional circumstances that justify your appeal. You may need to provide evidence of your connections to New Zealand, such as family, work, or community ties. It is also advisable to seek the help of an immigration lawyer to represent you at the hearing.
Conclusion
Being declined a visa can be a challenging experience, but it is not the end of your journey. There are several options available to you, and with perseverance and determination, you can still achieve your dream. Reconsideration, Ministerial Intervention, Immigration and Protection Tribunal, and Deportation Liability appeal are the four main options available to you if your visa application is declined.
It is recommended that you seek the help of an immigration lawyer to guide you through the process and represent you at the hearings. Remember, with determination and perseverance, anything is possible. Don’t give up on your dream, keep fighting, and you may just find that your dream comes true after all.