He is contemplating to relodge again his application, but very anxious about his
previous refusal and his overstaying record considering no appeal review for
temporary class entry visa decisions under section 186 of the act, we in our
opinion, what transpired to his application lodged in April 2016, might have
some crucial information and additional material evidence of documents, which
should have been provided to mitigate the immigration officer to consider his
application or convince, that he has a strong ties in his home country and able
to explain the surrounding circumstances as to why he has led to overstayed in
New Zealand. It is notable that in any applications for temporary entrant to New
Zealand, am immigration officer processing to its temporary visa application
will make the assessment and final decision on the basis of the available
information and evidence of documents supplied by the client. They are not
obliged to seek any further information or documents to the applicant in coming
up with the decision, it is a sole responsibility of the applicant to comply and
provide any information and documents in the matters of relevant immigration
instructions he or she applying as per section 58.Although, decision as to
whether to approve or decline his visa is a matter of discretion of the
immigration officer handling his application under section 45 of the act.
What the act says about a person whos unlawfully in New Zealand, after their visa expired
or canceled, may have 42 days to make or file an appeal to Tribunal, for humanitarian
grounds from the day they become unlawfully. However, he may still reapply under a
partnership based category, for as long as there are new additional or further evidentiary
documents, which would mitigate to consider him in granting a temporary visa to join his
family in New Zealand, but as always, an immigration officer will use his own discretion in
coming up a final decision regarding his previous overstayed record in New Zealand. We
note that at INZ manual for temporary entrant to New Zealand (July 2015), if the client had
this record of overstayed it is already a marginal risk, that the visa conditions may not be
observed by the client in case they consider granting him or her a visa, but this really
depends on a case to case basis.
For assistance on your temporary visa application in New Zealand? Or for the
reapplication to a refused visa. Contact Visa Online Assistance by sending an e-mail at
info@visaonlineassistance.com for more information.
Source: portion of the acts from Immigration Act 2009
Disclaimer:
This does not constitute legal advice. The purpose of this article is to inform and educate
visa holders to be mindful about any visa conditions attached to their visa, and not to
overstayed or proceed in any illegal ways. Visa Online Assistance do not assist to any
appeal application to Tribunal.