Master prompt
Reconsideration request to INZ vs IPT appeal — when to use which
Decision framework for choosing s.185 reconsideration (temporary entry, 14 days) vs s.187 IPT appeal (residence, 42 days) vs fresh application vs judicial review.
New ZealandReconsiderationIPTStrategys.185s.187s.218
New Zealand offers four distinct refusal-recovery pathways under the Immigration Act 2009. Choosing the right one is a high-stakes decision because they have different:
• Eligibility gates
• Deadlines (14 days / 28 days / 42 days / 3 months)
• Standards of review
• Costs
• Outcomes
This prompt is the strategic decision framework. After running it, the chosen path requires its own drafting prompt (PPI response, s.185 reconsideration request, IPT appeal, JR application).
Draft a 500-600 word pathway-selection analysis for [CLIENT_NAME] (refused [VISA_CLASS] on [REFUSAL_DATE]; applicant [APPLICANT_LOCATION]; refusal nature [REFUSAL_NATURE]).
§1 — THE FOUR PATHWAYS — QUICK MATRIX (120-150 words)
PATHWAY A — RECONSIDERATION (s.185 Immigration Act 2009)
• Available: temporary entry class refusals only (visitor, work, student)
• Eligibility: applicant must be lawfully in NZ at time of refusal
• Deadline: 14 days from refusal notification
• Standard: same officer / office reviews their own decision
• Success rate: ~25-35% with quality submission
• Outcome: visa granted or refusal confirmed
• Cost: NZD ~240
• Time: 4-8 weeks
PATHWAY B — IPT APPEAL (s.187 + s.190 Immigration Act 2009)
• Available: residence-class refusals (SMC, Partnership Resident, Parent Category, Investor)
• Eligibility: must lodge within 42 days of refusal
• Standard: error-correction (not de novo); IPT can find error in original
• Limited new evidence (s.190(2))
• Success rate: ~15-25%
• Cost: NZD ~700
• Time: 9-18 months
• Outcome: direction to reconsider (NOT compelled grant)
PATHWAY C — FRESH APPLICATION
• Available: any visa type, no time limit
• Pros: fresh officer review, new evidence freely admissible
• Cons: full fee again; prior refusal disclosed + considered
• Useful when material change in circumstances since refusal
PATHWAY D — JUDICIAL REVIEW (s.218 Immigration Act 2009)
• Available: High Court, narrow grounds (procedural unfairness, jurisdictional error, unreasonableness)
• Deadline: 3 months from decision (Judicial Review Procedure Act 2016)
• Cost: NZD 5,000-30,000 typical
• Standard: process review, not merits
• Outcome: quash decision + remit (NOT grant)
• Time: 6-18 months
§2 — DECISION MATRIX FOR [CLIENT_NAME] (250-300 words)
Step 1: Visa class gate
If [VISA_CLASS] = temporary entry: PATHWAY A (Reconsideration) is primary; IPT NOT available
If [VISA_CLASS] = residence: PATHWAY B (IPT) is primary; reconsideration NOT available
Step 2: Location + lawfulness gate
If [APPLICANT_LOCATION] = In NZ lawfully + temporary entry: PATHWAY A available
If [APPLICANT_LOCATION] = In NZ unlawfully (overstayed): PATHWAY A NOT available; consider s.61 + see s.61 prompt
If [APPLICANT_LOCATION] = Offshore + temporary entry: PATHWAY A NOT available; only PATHWAY C (fresh application)
If [APPLICANT_LOCATION] = Offshore + residence: PATHWAY B (IPT) still available — IPT can be filed offshore
Step 3: Refusal nature gate
If [REFUSAL_NATURE] = clear officer error of fact: PATHWAY A (temp) or PATHWAY B (residence) optimal
If [REFUSAL_NATURE] = correct application but circumstances now changed: PATHWAY C (fresh)
If [REFUSAL_NATURE] = procedural unfairness (no PPI when required, extrinsic evidence undisclosed): PATHWAY D (JR) viable
If [REFUSAL_NATURE] = policy disagreement: PATHWAY C (fresh with improved package); A/B may not move officer
Step 4: New evidence gate
If [NEW_EVIDENCE_AVAILABLE] = significant new evidence post-decision:
Temporary entry: PATHWAY C (fresh) typically beats PATHWAY A (reconsideration restricted)
Residence: PATHWAY C (fresh) often beats PATHWAY B (IPT s.190(2) restricts post-decision evidence)
If [NEW_EVIDENCE_AVAILABLE] = evidence was before officer but mis-weighed: PATHWAY A or B optimal
Step 5: Time / cost gate
If [CLIENT_NAME] needs fast resolution (e.g. employment loss imminent): PATHWAY A or C (fast); avoid B + D (slow)
If [CLIENT_NAME] has appetite for long process: PATHWAY B + D possible
§3 — RECOMMENDED PRIMARY + PARALLEL (80-100 words)
Based on the factors above:
Primary path: [Pathway A / B / C / D]
Reasons: [link the gates to the conclusion]
Parallel consideration:
Combining A + C (temp entry): some clients file reconsideration first, prepare fresh application as backup (file fresh only after reconsideration refused — don't double-file)
Combining B + C (residence): IPT appeal in flight + fresh application possible (different officer + fresh evidence)
Combining B + D (residence): IPT first; JR if IPT refuses on legal error
§4 — TIMING DEADLINES + ACTIONS (80-100 words)
Calendar the key dates immediately:
□ s.185 reconsideration deadline: [REFUSAL_DATE] + 14 days = [DATE]
□ s.187 IPT appeal deadline: [REFUSAL_DATE] + 42 days = [DATE]
□ s.218 JR deadline: [REFUSAL_DATE] + 3 months = [DATE]
Action checklist:
□ Request full file from INZ via Privacy Act request (Privacy Act 2020 + Official Information Act 1982)
□ Engage IAA-licensed adviser
□ Catalog [NEW_EVIDENCE_AVAILABLE] against refusal grounds
□ Decide path within 7 days
□ Do NOT file premature fresh application; preserve options
§5 — PRIVACY ACT / OIA REQUEST PARALLEL (60-80 words)
Filed in parallel with any pathway:
• Privacy Act 2020 request to INZ for personal information held about applicant — includes officer notes (NZ equivalent of Canadian GCMS notes)
• Address: privacy@immigration.govt.nz
• Free; 20 working day response
• Reveals actual reasoning behind sanitised refusal letter
• OIA request can also be used for some policy / process information
This is the equivalent of Canadian ATIP — file IMMEDIATELY after refusal.
— DRAFT only. Licensed Immigration Adviser (IAA-licensed) or NZ lawyer review required. Pathway choice is irreversible in many cases; wrong path forecloses options. The 14-day reconsideration deadline and 42-day IPT deadline are unforgiving. Unlicensed advice is a criminal offence under the Immigration Advisers Licensing Act 2007.Unlock the vault to see the full prompt