Every route at a glance
| Decision or event | Route | Deadline | Notes |
|---|---|---|---|
| Residence decline | Appeal to the Immigration and Protection Tribunal | 42 days from notification | $964 fee, no extensions |
| Further temporary visa decline | Reconsideration by Immigration New Zealand | 14 days from receiving the decision | $220, and you must still be lawfully in New Zealand |
| Deportation liability notice (residents and temporary visa holders) | Appeal to the tribunal | Generally 28 days from service | See the deportation guide |
| Becoming unlawful | Humanitarian appeal to the tribunal | 42 days from first becoming unlawful | Against deportation liability |
| Refugee or protection decline | Appeal to the tribunal | 10 working days (5 if detained) | Extendable for special circumstances, no fee |
| A decision made under the Act | Judicial review in the High Court | 28 days from notification | Extendable for special circumstances |
| A service or process failure by Immigration New Zealand | Complaint to INZ, then the Ombudsman | No deadline | INZ aims to respond within 25 working days; the Ombudsman is free |
Find the parts of this guide that match your decision
For educational and illustrative purposes only. This is not immigration advice, and no warranty is given as to its appropriateness or accuracy. If in doubt, talk to an immigration adviser or an immigration lawyer about your specific circumstances.
Residence declines: the 42-day appeal
If an immigration officer declines your residence application, section 187 of the Immigration Act 2009 gives you an appeal to the Immigration and Protection Tribunal.
“An appeal under this section must be brought not later than 42 days after the date the appellant is notified of the decision appealed against.”
The appeal can be brought on either of two grounds:
- The decision was not correct in terms of the residence instructions
- Your circumstances are special enough to warrant a recommendation that an exception be considered
The filing fee is $964 (from 1 July 2026), and the appeal will not be accepted without it. One fee covers the appeal for you and any partner and dependent children who were included in your residence application.
The appeal success rates guide shows how often each appeal type succeeds, computed from every published decision.
Temporary visa declines: no appeal - but a reconsideration
There is no appeal to the tribunal against a declined visitor, work or student visa. The Act simply provides none, and Immigration New Zealand's own guidance confirms it:
“No appeal lies against a decision of the Minister or an immigration officer on any matter in relation to a temporary entry class visa, whether to any court, the Tribunal, the Minister, or otherwise.”
What exists instead is reconsideration under section 185, for a person who applied for a further temporary visa in New Zealand while holding a current one and was declined. The conditions are strict:
- The request must be lodged within 14 days of receiving the decision
- You must still be lawfully in New Zealand when you make the request
- The fee is $220
- Further visa declined
An application for a further temporary visa, made in New Zealand while a current visa was held, is declined.
- Reconsideration requestedWithin 14 days of receiving the decision
The request is made while you are still lawfully in New Zealand, with the $220 fee.
- Decision reconsidered
A different immigration officer of equal or senior grade, or the Minister, reconsiders the decision.
- Final and conclusive
The reconsideration outcome is final and conclusive, and no further reconsideration of that decision can be sought.
- Further visa declinedThe visa has since expiredReconsideration is closed
- Reconsideration requested
- Decision reconsidered
- Final and conclusive
If you were declined and your visa has since expired, reconsideration is closed and your options shift to a fresh application, a section 61 request if you are now unlawful, or, within 42 days of becoming unlawful, a humanitarian appeal against deportation liability. The clock decides which doors are still open, which is why acting inside the first fortnight matters so much.
Section 186 also rules out judicial review of a refusal to grant a temporary visa to a person outside New Zealand.
Complaints and the Ombudsman
INZ's complaints process covers its service and process failures, including not following its own instructions.
- It expressly cannot be used to dispute a visa decision
- INZ aims to respond within 25 working days
The guide to complaining about Immigration New Zealand sets out what INZ will and will not investigate, how to lodge a complaint and what happens after.
If the complaint concerns how a decision was handled and INZ's answer does not resolve it, the Ombudsman can investigate INZ's administrative conduct: how the decision was made, not its merits.
- An investigation is free
- The Ombudsman generally expects you to have complained to INZ first
- It cannot overturn a decline, but it can produce findings that support a fresh application or reveal process failures worth putting before a court
Judicial review and refugee appeals
Judicial review in the High Court examines the lawfulness of the process, not whether the decision was right on its merits, and immigration review has special rules:
- Proceedings must be commenced within 28 days of being notified of the decision, unless the court allows more time for special circumstances
- Decisions that could have been appealed to the tribunal generally cannot be reviewed until the tribunal has finally determined the matter, and then only with the court's leave
Review is the main challenge to absolute-discretion decisions such as refused section 61 requests, precisely because no appeal exists.
Refugee and protection declines have their own fast deadlines: an appeal to the tribunal within 10 working days of notification, or 5 working days if you are in detention. Unlike every other immigration deadline on this page, the tribunal may extend these where special circumstances warrant it.
There is no fee for refugee and protection appeals, and legal aid is available for them.
Check your understanding
These questions check what this guide says. They say nothing about your own case.
For educational and illustrative purposes only. This is not immigration advice, and no warranty is given as to its appropriateness or accuracy. If in doubt, talk to an immigration adviser or an immigration lawyer about your specific circumstances.
Frequently asked questions
Related guides
Sources
- Immigration Act 2009, s 187 (residence appeals; 42-day limit in s 187(5))
- Immigration Act 2009, s 185 (reconsideration of further temporary visa)
- Immigration Act 2009, s 186 (no appeal on temporary entry class visas)
- Immigration Act 2009, ss 247 to 249 (judicial review time limits)
- IPT forms and fees (residence appeal $964 from 1 July 2026)
- INZ: getting a temporary visa decision reviewed ($220 reconsideration)
- INZ: complaints about INZ services and processes
- Ombudsman: complaints about Immigration New Zealand
More on appeals and declined applications
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