Master prompt
Skilled Migrant Category refusal — appeal to Immigration and Protection Tribunal
SMC residence refusal appealed to IPT under Immigration Act 2009 s.187. 42-day deadline. Residence-class appeals only — temporary entry has no IPT route.
New ZealandSMCIPTAppeals.187Residence
The Immigration and Protection Tribunal (IPT) is an independent statutory tribunal established under the Immigration Act 2009 (ss.217-220) to hear appeals from INZ decisions. Key jurisdiction: • Residence-class visa refusals (s.187) — including SMC, Partnership, Parent Category, Investor • Deportation appeals (s.194) • Humanitarian appeals (s.207, s.225) • Refugee + protected person status appeals NO IPT appeal for: • Temporary entry refusals (visitor, student, AEWV initial application) — only reconsideration under s.185 available • s.61 special direction refusals • Decisions excluded by s.94 Timing: • Residence appeal under s.187: 42 days from refusal (s.190) • Humanitarian appeal: 42 days from removal order (s.207) • Deportation appeal: 28 days from deportation order • Hard deadlines — non-extendable except in exceptional circumstances Standard of review: ERROR-CORRECTION standard. IPT can find an error in the original decision; not a fresh hearing on the merits. Limited ability to consider evidence not before the original decision-maker. Draft a 600-700 word IPT appeal narrative for [CLIENT_NAME] (SMC residence refused [REFUSAL_DATE]). §1 — APPEAL JURISDICTION + DEADLINE (80-100 words) "This is an appeal under section 187(1)(c) of the Immigration Act 2009 from the decision of Immigration New Zealand dated [REFUSAL_DATE] refusing [CLIENT_NAME]'s application for a Resident Visa under the Skilled Migrant Category. The appellant lodges this appeal within the 42-day period prescribed by section 190 of the Immigration Act 2009. The appellant respectfully submits that the decision contains errors of fact and / or law that warrant the Tribunal's intervention under section 188 of the Act." §2 — SUMMARY OF FACTS (150-180 words) Chronologically: • [CLIENT_NAME]'s background (age, qualifications, occupation) • SMC application filed [DATE] • Documents submitted (high-level — list key supporting documents) • Any procedural fairness letter (PPI) received [DATE] • Appellant's response to PPI [DATE] • INZ decision [REFUSAL_DATE] • Date of this appeal No argument here — facts in chronological order. §3 — DECISION UNDER APPEAL (100-130 words) Quote the operative refusal reasoning from INZ's decision letter: [REFUSAL_GROUNDS] — quote 1-2 key paragraphs verbatim. Identify the operative Immigration Instructions provisions cited: • SM (Skilled Migrant Category) • Specific point-allocation rules (qualification, occupation registration / income, NZ work experience) • If health / character grounds: A4 / A5 • If partnership-linked SMC: F2 / F4 §4 — GROUNDS OF APPEAL (300-380 words) For [APPEAL_BASIS], develop 1-3 specific grounds: GROUND 1: ERROR OF FACT (s.188(1)(b)) The officer is required to make decisions on the evidence before them. The decision contains the following error(s) of fact: • [Specific error — quote what officer found vs. what the evidence actually showed] • [Reference specific page / document in the application materials] • Cite IPT precedent on factual errors: e.g. [Applicant] v Chief Executive of MBIE — IPT decisions are publicly available via NZLII GROUND 2: FAILURE TO CONSIDER RELEVANT MATERIAL (s.188(1)(c)) The officer failed to consider relevant evidence submitted with the application: • [Specific evidence — name the document + page] • [Show that the GCMS notes / decision letter does not engage with this evidence] • Cite: BB (Decisions on Material Considerations) [2014] NZIPT 502310 — IPT requires the officer to grapple with key evidence GROUND 3: MISAPPLICATION OF INSTRUCTIONS The officer misapplied the Immigration Instructions in: • [Specific instruction — quote text] • [Show how the officer applied it incorrectly] • [Reference the proper application] GROUND 4: HUMANITARIAN APPEAL (s.187(4)) If [APPEAL_BASIS] includes humanitarian grounds: • Exceptional circumstances making it unjust or unduly harsh to refuse • Strong NZ ties, settled family, established employment • Country-condition factors if departure causes harm • Cite: Ye v Minister of Immigration [2009] NZSC 76 — humanitarian threshold §5 — RELIEF SOUGHT (60-80 words) "The appellant respectfully requests the Tribunal: (a) Allow the appeal under section 188 of the Immigration Act 2009; (b) Direct Immigration New Zealand to reconsider the application; (c) In the alternative, refer the matter back to the original decision-maker for reconsideration; (d) Award costs to the appellant where appropriate; (e) Such further or other relief as the Tribunal may consider just." §6 — NEW EVIDENCE CONSIDERATION (100-130 words) IPT generally restricted to material before the original decision-maker (s.190(2)). Post-decision evidence considered only where: • Could not reasonably have been obtained before decision • Material to the outcome • Special circumstances under s.190(3) For [NEW_EVIDENCE_AVAILABLE]: • Identify what was available at time of original decision but not properly considered • Identify what is genuinely new (post-decision) and explain why couldn't be obtained earlier • Be cautious — IPT may decline to consider new evidence, leaving appellant with weaker case If significant new evidence is the lever: • Consider fresh SMC application instead of appeal (or in parallel) • Reconsideration under s.185 is NOT available for residence (only temporary entry) §7 — PROCEDURAL + TIMELINE (60-80 words) • File at IPT registry, fee NZD ~700 (verify current) • IPT typically issues directions schedule within 4-8 weeks • Written submissions cycle: appellant → MBIE → reply (3-6 months) • Decision: paper-based usually; some appeals get hearing • Total time to IPT decision: 9-18 months typical • If appeal allowed: direction to INZ to reconsider (does NOT compel grant) • If appeal dismissed: only judicial review to High Court remains (s.218) — DRAFT only. Licensed Immigration Adviser (IAA-licensed) or NZ immigration lawyer MUST review before filing — IPT procedure is strict, the 42-day deadline is non-extendable in practice, and substantive submissions require legal precision. Unlicensed advice is a criminal offence under the Immigration Advisers Licensing Act 2007.
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