Case Law Update – IPT Residence Appeals

This paper was first delivered at the LexisNexis Immigration Law Conference on 22 May 2018

Stewart Dalley, Associate; Somang you, Senior Solicitor, and Pooja Sundar, Solicitor, Ryken and Associates

 

RESIDENCE APPEALS – CURRENT LANDSCAPE

 

Since last year’s conference there have been 235 decisions fully uploaded to the Immigration and Protection Tribunal’s website (covering the period 1 May 2017 – 31 October 2017).

 

Of those, the Tribunal:

 

  • Confirmed 120 decisions of Immigration New Zealand;

 

  • Cancelled 12 decisions of Immigration New Zealand – referred back due to new information;

 

  • Cancelled 74 decisions of Immigration New Zealand – referred back because decision was incorrect;

 

  • Referred 29 appeals to the Associate Minister of Immigration to consider grant of residence visa.

 

According, on average, Immigration New Zealand decided 31% of the decisions appealed during the period 1 May 2017 – 31 October 2017.  A similar picture is provided for in the Tribunal’s annual report published for the period 1 July 2016 – 30 June 2017.  There, the Tribunal provides 609 residence appeals were decided, of which it:

  • Confirmed 348 decisions of Immigration New Zealand;

 

  • Allowed 189 appeals;

 

  • Referred 72 appeals to the Associate Minister.

 

Again, this provides, on average, Immigration New Zealand wrongly decided 31% of the residence decisions that were appealed.  Those figures are repeated in earlier reports of the Tribunal.

 

To read more, please click here:  Case Law Update – IPT Residence Appeals