Appeal Temporary Visa Refusal

A temporary visa refusal can be unsettling, but you have pathways to challenge or review the decision.

While residence refusals go to the Immigration and Protection Tribunal, temporary visa applicants must seek reconsideration by Immigration New Zealand (INZ) or, in limited circumstances, judicial review in the High Court.

Options for Review

  • Reconsideration by INZ
    – Available if you hold a valid visa (including an interim visa) and are in New Zealand
    – Must apply within 14 days of the refusal notice
    – Requires written request in English, your passport, the reconsideration fee and any new evidence

  • Judicial Review
    – Challenge the process or lawfulness of INZ’s decision in the High Court
    – Must demonstrate an error of law or procedural unfairness

  • Humanitarian Appeal
    – If your visa expires and you become unlawful, you may seek relief on humanitarian grounds before the Immigration and Protection Tribunal

  • Ombudsman Complaint
    – Lodge a complaint if you believe the decision-making was unfair or mishandled

Grounds for Reconsideration

  1. You were in New Zealand at the time of application
  2. You hold a current visa (including interim)
  3. Application lodged within 14 days of refusal
  4. New or compelling information that was not considered originally

Got Any Questions?

Our experienced immigration specialists can make all the difference, talk to us about your matter with ease and let us assist you in navigating to a successful outcome.

Common Reasons for Refusal

  • Bona fide doubts: Insufficient proof of genuine temporary intent

  • Weak documentation: Gaps in financial, health or character evidence

  • Prior immigration history: Past overstays or visa breaches

  • Additional scrutiny: Nationals from non-visa-waiver countries

Steps After a Decline

  1. Request Reconsideration
    – Submit to INZ by post or online (if eligible) before your current visa expires

  2. Three-Week Grace Period
    – If you held an interim visa, you have 21 days to apply for reconsideration or make departure arrangements

  3. Decision & Next Actions
    – If reconsideration is declined, INZ will set a departure date
    – If you remain unlawful, you may apply for humanitarian relief (within 42 days)

  4. Judicial Review
    – Lodge your claim in the High Court if you suspect legal or procedural errors

Key Considerations

  • No second reconsideration: One request only

  • Fees apply: Check the current INZ schedule

  • Evidence is critical: Submit robust new information to strengthen your case

  • Timeliness matters: Missing deadlines can eliminate your review rights

Facing a visa refusal?

Prestige Legal Group can advise on reconsideration requests, judicial review and humanitarian appeals—ensuring your challenge is lodged promptly and with the best chance of success. Contact us today for expert guidance.