The figures at a glance
The share of decided appeals that succeeded, in the three main groups of appeal:
- Residence, of 8,121 decided
- 49%
- Non-resident deportation, of 4,009 decided
- 37%
- Refugee and protection, of 6,772 decided
- 21%
Success rates by appeal type
A success here means the tribunal allowed the appeal, cancelled the decision and returned the application to Immigration New Zealand as if newly lodged, or the appeal led to a grant of residence. Dismissed and declined appeals count as unsuccessful. Withdrawn appeals, jurisdiction rulings and referrals to the Minister that have no recorded grant sit outside both sides of the calculation.
| Appeal type | Succeeded | Dismissed or declined | Decided appeals | Success share |
|---|---|---|---|---|
| Skilled migrant | 1,747 | 1,893 | 3,640 | 48% |
| Partnership | 724 | 607 | 1,331 | 54% |
| Parent | 298 | 479 | 777 | 38% |
| Sibling and adult child | 219 | 257 | 476 | 46% |
Computed by this site from the published decisions of the Immigration and Protection Tribunal and its predecessor boards. A success means the appeal was allowed, the decision was cancelled and the application returned to Immigration New Zealand, or residence was granted after a referral to the Minister; dismissed and declined appeals count as unsuccessful, and withdrawn appeals and jurisdiction rulings are left out. Figures as at 20 September 2026, the date of the most recent decision file in the data.
| Appeal type | Succeeded | Dismissed or declined | Decided appeals | Success share |
|---|---|---|---|---|
| Business investor | 111 | 119 | 230 | 48% |
| Business entrepreneur | 142 | 192 | 334 | 43% |
| Special policies | 267 | 124 | 391 | 68% |
Special policies cover Pacific access, the Samoan quota, victims of domestic violence and similar policies.
Computed by this site from the published decisions of the Immigration and Protection Tribunal and its predecessor boards. A success means the appeal was allowed, the decision was cancelled and the application returned to Immigration New Zealand, or residence was granted after a referral to the Minister; dismissed and declined appeals count as unsuccessful, and withdrawn appeals and jurisdiction rulings are left out. Figures as at 20 September 2026, the date of the most recent decision file in the data.
| Appeal type | Succeeded | Dismissed or declined | Decided appeals | Success share |
|---|---|---|---|---|
| Non-resident deportation | 1,472 | 2,537 | 4,009 | 37% |
| Resident deportation | 190 | 346 | 536 | 35% |
| Refugee and protection | 1,429 | 5,343 | 6,772 | 21% |
A base rate across hundreds or thousands of appeals says nothing about any single case.
Computed by this site from the published decisions of the Immigration and Protection Tribunal and its predecessor boards. A success means the appeal was allowed, the decision was cancelled and the application returned to Immigration New Zealand, or residence was granted after a referral to the Minister; dismissed and declined appeals count as unsuccessful, and withdrawn appeals and jurisdiction rulings are left out. Figures as at 20 September 2026, the date of the most recent decision file in the data.
What the tribunal outcomes mean
Residence appeals are determined under section 188 of the Immigration Act 2009, and the tribunal has more options than a simple yes or no.
| The tribunal can | Counted here as |
|---|---|
| Confirm Immigration New Zealand's decision as correct, which dismisses the appeal | Unsuccessful |
| Find the decision incorrect and allow the appeal | A success |
| Cancel the decision and return the application to Immigration New Zealand for assessment as if it were a new application | A success, because the decline is set aside |
| Where the decision was correct but the appellant has special circumstances, recommend that the Minister of Immigration consider an exception to instructions | A success only where a grant of residence is recorded; a minority of those referrals end in one |
Deportation appeals on humanitarian grounds turn on whether it would be unjust or unduly harsh to deport the appellant, balanced against the public interest. Refugee and protection appeals apply the Refugee Convention and protected person grounds. Both are decided as allowed or declined, which maps directly to the success rates above.
Representation and outcomes
The tribunal records who appeared for each appellant, which makes one comparison possible: outcomes for appellants whose decision names a representative against outcomes for appellants who represented themselves. Represented appellants succeeded more often in nearly every appeal type: 50% against 42% in skilled migrant appeals, 58% against 41% in partnership appeals, 40% against 24% in non-resident deportation appeals, and 34% against 6% in refugee and protection appeals.
| Appeal type | Represented | Self-represented |
|---|---|---|
| Skilled migrant residence | 50% of 2,773 decided | 42% of 778 decided |
| Partnership residence | 58% of 1,015 decided | 41% of 289 decided |
| Non-resident deportation | 40% of 3,185 decided | 24% of 720 decided |
| Refugee and protection | 34% of 3,025 decided | 6% of 590 decided |
A percentage is shown only where at least 5 appeals were decided.
Read the gap carefully: it is a correlation, not proof that representation causes the difference. Professionals decline hopeless cases, so their caseload is stronger to begin with, and appellants with stronger cases may be more willing to pay for help. What the gap does show is that the appeals professionals choose to run succeed at materially higher rates, and individual professionals' published appeal records can be compared on this directory: every immigration lawyer and immigration adviser profile with tribunal appearances shows their cases and outcomes by appeal type, and the directory search can filter and sort by appeal experience.
Lodging an appeal - deadlines, fees and forms
| Appeal | Deadline | Fee |
|---|---|---|
| Residence | Within 42 days of being notified of the decision | $964 (from 1 July 2026) |
| Deportation, after a deportation liability notice | 28 days | $964 |
| Deportation, after becoming unlawful | 42 days | $964 |
| Refugee and protection | 10 working days, or 5 if detained, and these can be extended for special circumstances | No fee |
The fee cannot be waived and the appeal is not accepted without it. One fee covers everyone included in the appeal: for a residence appeal, a partner and dependent children who were in the residence application; for a deportation appeal, dependent children whose liability arises from the same facts.
Refugee and protection appeals are free, but their deadlines are the shortest: 10 working days, or 5 if detained. Uniquely, those can be extended for special circumstances.
The tribunal's forms are on the Ministry of Justice website, and the appeal rights guide maps which route applies to which decision, including the 14-day reconsideration for temporary visa declines that cannot be appealed at all.
What these numbers cannot tell you
Appeals are decided on their own facts, and the strongest predictor of an outcome is the strength of the underlying case, not the category average. The rates also reflect decades of shifting immigration instructions; the mix of cases the tribunal hears changes as policy changes.
If you are considering an appeal, check the tribunal's official guidance immediately and consider getting advice from a licensed immigration adviser or an immigration lawyer with appeal experience. Every professional's published appeal record is on their profile, and the directory search can filter by appeal type and case volume. How this directory verifies professionals and compiles appeal records is set out in the methodology. The deportation guide covers liability and the humanitarian test in depth.
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
Sources
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