The deadlines are absolute: 42 days to appeal a residence decline, 28 days after a deportation liability notice — and the Tribunal cannot extend either by a single day.
Overview
Immigration New Zealand (INZ) makes first-instance decisions; what happens next depends entirely on the visa class. Declined temporary visas (visitor, student, AEWV) carry no appeal right — the only formal remedy is a reconsideration request: NZD 220, within 14 days, and only if you are still lawfully in New Zealand. Declined residence class visas can be appealed to the Immigration and Protection Tribunal (IPT), an independent judicial body administered by the Ministry of Justice: the appeal and the NZD 943 fee must reach the Tribunal within 42 days of notification, a deadline the Tribunal has no power to extend. Deportation appeals run on 28 days from a Deportation Liability Notice, or 42 days from becoming unlawful for humanitarian appeals; refugee and protected person appeals carry no fee. Beyond the IPT, the High Court hears appeals on points of law and judicial review applications within 28 days of a Tribunal decision, and section 61 of the Immigration Act 2009 lets unlawful stayers request a visa at INZ's absolute discretion. Verified against immigration.govt.nz and justice.govt.nz as of June 2026.
Temporary Visas — Reconsideration, Not Appeal
- No Tribunal route: declined temporary visa applications (visitor, student, work including AEWV) cannot be appealed to the IPT.
- Reconsideration window: you can request reconsideration only if you are lawfully in New Zealand (your current visa is still valid) and you request it within 14 days of the decline. Fee: NZD 220.
- Who decides: an immigration officer of equal or senior grade to the original decision-maker — the result is final and conclusive; no second reconsideration is possible.
- If you applied from offshore: there is no reconsideration right — your options are a fresh application that squarely addresses the refusal reasons, or a complaint about process through INZ's complaints channel.
- Employer-side declines: declined AEWV employer accreditations and Job Checks have their own reconsideration track (NZD 250), lodged by the employer.
- Read the decline letter: it states the exact instructions you failed and the evidence gaps — reapplying without fixing them usually produces the same outcome plus a worsening credibility record.
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See Paid Plans →Frequently Asked Questions
Can I appeal if my visitor, student or work visa application is declined?
Not to the Tribunal — temporary visa declines carry no appeal right. Your formal remedy is a reconsideration request: NZD 220, within 14 days of the decision, and only if you are still lawfully in New Zealand. A different immigration officer of equal or senior grade re-decides the application; that outcome is final, with no second reconsideration possible. If you are offshore, or out of time, the practical route is a fresh application that directly answers every concern in the decline letter with new evidence. If the decline pushed you into unlawful status, see the section 61 route — but move fast, because the deportation clock runs.
How long do I have to appeal a declined residence visa, and can the deadline be extended?
42 days from the date INZ or the Minister notified you of the decision, and no — the Immigration and Protection Tribunal has no power to extend it, even by a day. The appeal AND the NZD 943 fee must both be received within the 42 days for the appeal to be validly lodged. If the decision came by post or courier, time runs from delivery to your contact address; weekends count, but weekday public holidays and your regional anniversary day do not. Missing the deadline extinguishes the appeal right entirely, leaving only a fresh application or, if you have become unlawful, a section 61 request.
What does an IPT appeal cost and what does the fee cover?
NZD 943 for residence appeals and all categories of deportation appeal (refugee and protected person appeals are free). The fee includes GST, covers dependent children under 18 included in the same appeal, and cannot be waived under any circumstances — the Ministry of Justice is explicit about this. It is refunded only if the appeal is not accepted for filing or is dispensed with under the Immigration Act's specific provisions; withdrawing your appeal forfeits it. You can pay at a court counter, or via the courts' online File and Pay system when lodging by email, courier or DX post. Legal aid may be available for representation costs in some immigration matters.
I've been served a Deportation Liability Notice — what are my options and how long do I have?
28 days from receiving the notice to appeal to the Immigration and Protection Tribunal (fee NZD 943). Residents and permanent residents appeal on the facts and/or humanitarian grounds; non-residents' rights depend on the basis of liability. Different clock if you are simply unlawful because your visa expired without a notice being served: you have 42 days from becoming unlawful to lodge a humanitarian appeal against deportation. The Tribunal weighs exceptional humanitarian circumstances against the public interest. Like all IPT deadlines, these cannot be extended — and leaving New Zealand can deem some appeals withdrawn, so take legal advice before travelling.
What is a section 61 request and when would I use one?
Section 61 of the Immigration Act 2009 gives INZ discretion to grant a visa to someone unlawfully in New Zealand who is not subject to a deportation order. It is the route of last resort for overstayers: there is no application form in the ordinary sense, no obligation on INZ to consider the request or give reasons, and no appeal if it is refused. Making the request is free; a fee is charged only if a visa is actually granted — NZD 640 for a temporary visa, NZD 1,510 for residence class. Requests succeed on quality of evidence and honesty about how you became unlawful; a licensed immigration adviser or lawyer is strongly advisable.
Can I take Immigration New Zealand or the Tribunal to court?
Only after the Tribunal stage, and only on legality. If you disagree with an IPT decision you can ask the High Court for leave to appeal on a point of law, or seek judicial review for legal error or procedural unfairness — applications must be filed within 28 days of being notified of the Tribunal's decision, after which it becomes final. The court does not re-run the merits of your case; it examines whether the law was correctly applied and the process was fair, and a win typically sends the matter back to the Tribunal rather than granting a visa. Engage a lawyer — this is specialist litigation with real cost exposure.