Sec 61 and Appeals

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Unlawful people in New Zealand may be able to make Section 61 requests to request a new visa under the Immigration Act 2009.

Visa holders are not allowed to stay in New Zealand after their visa expires. They are under an obligation to leave New Zealand and are liable for deportation under the Immigration Act 2009. A person who is unlawfully in New Zealand has no lawful ability to make an application for a further visa.

Section 61 of the Act provides the Minister of Immigration (delegated to the Associate Minister of Immigration and to senior immigration officers) with the power, in his or her absolute discretion, to grant a visa of any type to a person unlawfully in New Zealand and otherwise liable for deportation (unless they are subject to a deportation order).

If an unlawful person requests a visa under section 61, there is no obligation to consider the request or make any further inquiries.

INZ has established a dedicated team of senior immigration officers to deal with section 61 requests.

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When a request is considered, the Act specifically states that the decision maker is not required to give reasons for the decision. The person who made the request is also not able to access any recorded reasons under the Official Information Act or Privacy Act. However, brief reasons for decisions on individual cases are recorded by the deciding officer and are made available to the Ombudsman in the event of a complaint.

Appeals

Immigration & Protection Tribunal

The Immigration & Protection Tribunal hears and determines appeals concerning:

Decisions about residence class visas
Decisions about the recognition of a person as a refugee or protected person
Liability for deportation
Decisions to stop recognising a person as a refugee or protected person
Decisions to cancel the recognition of a New Zealand citizen as a refugee or protected person

The tribunal is administered by the Ministry of Justice.

Contact us so when can assist you in filing your SEC 61 requests!

We can assist you with such Section 61 requests and appeals; however, it must be noted that such applications and outcomes are strictly case-to-case basis and do not always ensure a positive outcome. Also, such decisions should not be taken lightly, and you must seek legal advice immediately as soon as you are in trouble. The earlier you seek advice, the better – because the longer you stay in New Zealand without taking any action to rectify your immigration matters, the less chance you will have to convince Immigration to grant you the visa.

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