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Immigration New Zealand Information Sheet

 

Matters an Ombudsman may investigate:

  • Temporary entry (visas and permits for long term business, work, students, visitors, limited purposes);
  • Whether to accept an expression of interest to apply for residence;
  • Section 35A requests;
  • Special directions; and
  • Revocations of temporary permits.

Advice provided by Immigration New Zealand to the Minister or Associate Minister of Immigration. (An Ombudsman cannot, however, investigate a Minister's decision).

Administrative issues relating to the processing of any application (including residence and refugee status applications before any decision is made). For example:

  • Refusal to accept an application for lodgement;
  • Delay in processing an application;
  • Failure to respond to correspondence; and
  • Failure to consider relevant information (or considering irrelevant information).

Complain to Department of Labour in the first instance:

 

As an Ombudsman's investigation is one of last resort, complaints should first be raised with the Department of Labour, of which Immigration New Zealand is a part.

The Department currently has a two-stage Client Complaint Resolution Process for resolving complaints about INZ:

  • In the first instance, complaints will be considered by the relevant Branch Manager.
  • If a complaint is not resolved by the Branch Manager, then the complainant may raise their concerns with the Deputy Chief Executive - Immigration.

The Department's complaints process is explained here. (www.immigration.govt.nz/migrant/general/generalinformation/complaintsprocess.htm)

A complaint to the Department can be made by writing to:

Deputy Chief Executive - Immigration

Department of Labour

P O Box 3705

Wellington 6140

Facsimile: 04 915 6278

Email: depseccomplaints@dol.govt.nz

If the Department does not provide a satisfactory response, a complaint may then be made to an Ombudsman. In urgent cases, where the complainant is in New Zealand unlawfully, an Ombudsman may be willing to consider investigating even if a complaint has not first been made to the Department.

Matters an Ombudsman would not normally investigate:

 

Decisions made by Immigration New Zealand on residence applications.

This is because there is a right of appeal to the Residence Review Board. While an Ombudsman is not prevented from investigating residence decisions, the Ombudsman will not normally investigate a complaint if existing appeal rights provide an adequate remedy.

Decisions made by Immigration New Zealand on refugee status or deportation.

This is because there are rights of appeal to the Refugee Status Appeals Authority and the Deportation Review Tribunal. An Ombudsman is not normally authorised to investigate decisions that are subject to rights of appeal to a Tribunal, whether or not the right of appeal has been exercised.