Immigration Issues & Appeals

Navigating Complex Cases

Immigration law is a multifaceted field that intersects with numerous areas of law and relies on the application of a vast array of legislation. With some of the most intricate internal instructions of any government agency, this complexity often gives rise to unique immigration situations. These situations require both a deep understanding of immigration processes and seamless access to other legal experts, along with the experience necessary to craft well-founded legal opinions that can withstand scrutiny from Immigration New Zealand or any other relevant body or court. As a full-service mid-sized law firm, McVeagh Fleming is uniquely positioned to handle these complex intersecting issues with precision and efficiency, ensuring clients receive well-rounded advice and solutions tailored to their circumstances.

Our expertise also extends to providing affidavits, particularly regarding the impact of criminal convictions on a migrant’s status in New Zealand. A conviction, whether for a visa applicant or someone already holding a residence class visa, can result in a visa being declined or revoked. Even what may seem like a minor court penalty, such as a fine, can lead to a migrant being unable to remain in the country. We assist clients by preparing clear and well-supported affidavits that help courts understand the full implications of a conviction. In many cases, this can contribute to securing a lesser charge or, ideally, a s106 discharge without conviction under the Sentencing Act 2002.

Character & Health issues

Character and health issues can arise at any stage of an immigration application. Character issues may also come up when sponsoring someone else’s application. The approach to addressing these issues depends on several factors, such as the type of visa and the applicant's history.

Key differences: Character vs. Health issues
Character issues are primarily backward-looking. Immigration New Zealand assesses an applicant’s past actions to determine whether they may pose a risk to the country. However, this process isn’t always straightforward. There have been instances where Immigration New Zealand overemphasized potential risks or incorrectly weighed various factors. In some cases, there was no valid character issue under the law, requiring us to step in and clarify the correct process.

For most clients, we can demonstrate either that no character issue exists under the legal definition or that a character waiver should be granted, enabling the person to enter or remain in New Zealand.

We’ve successfully handled a wide range of character issues, both for applicants and sponsors. These have included common offences like drink driving, more serious convictions leading to imprisonment, and allegations of misleading Immigration New Zealand. The latter is often seen by Immigration New Zealand as one of the most serious character issues, even in the absence of charges or a conviction.

Health issues, on the other hand, are forward-looking. Immigration New Zealand evaluates potential future costs to New Zealand’s healthcare system. Assessments are typically conducted by trained medical professionals. In some cases, we’ve demonstrated that no health issue exists, eliminating the need for further assessment. As with character issues, the process involves determining whether there is a legitimate issue and, if so, seeking a waiver. This process often involves family members who may also have health concerns.

Our commitment to You
Regardless of the issue, we provide honest, clear advice and expert assistance to help resolve the situation. With our experience and dedication, we’ll guide you through these challenges and work towards the best possible outcome for your case.

Deportation

Facing deportation is one of the most challenging situations a migrant can experience. Deportation not only ends a person's time in New Zealand but can also have lasting consequences. Under section 15 of the Immigration Act 2009, many countries—including New Zealand—restrict visa eligibility for individuals who have been deported from any country. Being deported from New Zealand could, therefore, limit travel to other nations permanently.

Deportation can also affect family members or dependents. If someone's right to stay in New Zealand is linked to a person being deported, they may lose their own right to remain.

Given the serious consequences, addressing any risk of deportation requires urgent and expert handling. The grounds for deportation often intersect with other areas of law, or arguments may need to be made based on circumstances outside immigration law. This is why engaging a skilled lawyer is crucial.

Time is of the Essence
In most cases, there are strict time limits to act. You may need to persuade Immigration New Zealand to reconsider its decision or file an appeal with the Immigration & Protection Tribunal within a defined period. Acting quickly and strategically is essential.

The Role of Expertise
Immigration New Zealand balances the application of the law with discretion. Successfully responding to a deportation risk often involves making legal arguments based on legislation, prior Tribunal decisions, or higher court rulings. Experienced legal representation can argue why liability for deportation does not apply, why discretion should be exercised, or why special circumstances exist.

When your future in New Zealand is at stake, let our expertise guide you through this critical process.

Immigration & Protection Tribunal (IPT) Appeals

For many individuals, the Immigration & Protection Tribunal (IPT) offers the final opportunity to challenge a decision made by Immigration New Zealand (INZ), whether by seeking to overturn an INZ decision or appealing on humanitarian grounds. These are significant and complex cases that should be handled by legal experts, as they are effectively appeals to a tribunal with the same authority as the District Court.

Given the importance and complexity of these cases, we strongly recommend that appeals be made by a lawyer with specialized expertise in this area. Time is of the essence, as there is only a six-week window to file an appeal to the Tribunal after a decision is made or when someone is deemed unlawfully in New Zealand. In cases involving humanitarian grounds, we often begin our work well in advance of the six-week deadline, conducting thorough research into various factors that may not be immediately apparent. For those facing deportation liability, the timeline is even shorter, but we act swiftly and with urgency to handle such matters.

Our track record at the Immigration and Protection Tribunal speaks for itself. We have achieved favourable outcomes, including setting precedents that are now followed by others in the field. Immigration Partner Arran Hunt has only been declined by the IPT once out of his ten appeals, a decision that was later corrected by the Minister with the grant of a visa.

In some cases, we may also explore alternative pathways, such as seeking ministerial intervention, filing a complaint with Immigration New Zealand, or involving the Ombudsman. We will advise you on which options are most likely to yield a favourable response based on your situation.

While the IPT appeal process can be time-intensive and may involve higher legal fees, it’s important to note that in certain cases, there may be no visa application fee, making the process comparable to a regular visa application. In other instances, the potential value of a positive outcome—such as avoiding deportation—far outweighs the costs. Because of the high stakes, we do not offer discounted rates for IPT appeals, as we only take on cases we believe have a strong chance of success. Our near-perfect results at the IPT, where most applicants typically have only a 50% chance of success, reinforce the effectiveness of our approach.

Issues & appeals

Navigating Complex Cases

Character & Health issues

Deportation

Immigration & Protection Tribunal (IPT) Appeals

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