Christchurch at the Immigration and Protection Tribunal

Rebuild work and the Canterbury Skill Shortage List

When the tribunal agrees that Immigration New Zealand declined a residence application correctly, it can still recommend that the appellant's special circumstances be considered by the Minister of Immigration as an exception to the instructions (section 188(1)(f) of the Immigration Act 2009). Some appellants working in Canterbury after the earthquakes argued that their part in the rebuild, or an occupation on the Canterbury Skill Shortage List, was such a circumstance.

In [2015] NZIPT 202294a, a Skilled Migrant appeal by a timber machinist, the tribunal acknowledged that the appellant was "making a valued contribution to the rebuild" but found "it is not out of the ordinary", noting that the work could continue while he remained eligible for a work visa.

In [2018] NZIPT 204493a, the appellant's occupation was on the Canterbury Skill Shortage List and he worked in the region. The tribunal found that this "does not make his circumstances out of the ordinary or uncommon".

In both decisions the work was weighed with the appellant's other circumstances, and the tribunal made no recommendation to the Minister.

The Christchurch Response (2019) category

After the attacks on the Masjid Al Noor and Linwood mosques, Immigration New Zealand created a residence category for the people directly affected and their families living in New Zealand (instruction S4.30). Its stated objective was to give them certainty about their ability to remain in New Zealand permanently.

• A person was directly affected if they were recorded on the official New Zealand Police list of people killed in the attacks, people injured, or people present at either mosque during the attacks. First responders such as police and medical staff were not included (S4.30.25.5).
• Which family members were eligible depended on whether the person directly affected was a dependent child (S4.30.25.1).
• It was a two stage process: an expression of interest, then an invitation to apply (S4.30.5).
• Applications had to be lodged on or before 23 April 2021, and the application fee was waived by special direction (S4.30.15).
• The instruction applied from 24 April 2019 to 25 July 2024, and INZ's operational manual now shows it as no longer current.

What the tribunal has said about the category

The category itself was decided by immigration officers, but later residence appeals record how it worked. In [2024] NZIPT 206865a, the appellant's expression of interest under the category was unsuccessful because he was not an eligible family member under the instructions. He was later granted residence by ministerial direction as part of the response to the attack, and his appeal concerned a later application made after that resident visa had expired. The tribunal confirmed the decline and found no special circumstances.

Finding help in Christchurch

Every published decision turns on its own facts, and none of these predicts the outcome of another case. The licensed immigration advisers in Christchurch and the immigration lawyers in Christchurch are listed with their published appeal records, and the guide to immigration appeal rights sets out the deadlines that apply.