Complicated Cases

Complex Immigration Issues – How an Immigration Lawyer Can Help

If you’re dealing with a difficult immigration case, our expert immigration lawyer team at Sharma Law is here to support you. From declined applications to deportation issues, we have the experience and knowledge to guide you through the most complex matters. Below are some of the most common challenges we help resolve.

Potentially Prejudicial Information (PPI) 

When Immigration New Zealand (INZ) sends a PPI letter, they are highlighting concerns that could negatively impact your visa application. These concerns usually relate to not meeting a specific immigration policy or requirement. A PPI letter gives you one final opportunity to explain and provide evidence that addresses the concern. Your response must be clear, logical, and fully supported by documents that justify your position.

Reconsideration

If your temporary visa application has been declined while you are in New Zealand, you have the right to apply for reconsideration under certain conditions:

• You must be lawfully in New Zealand at the time you apply.
• You must submit your reconsideration request within 14 days of receiving the declined decision.
• The decline decision must not have been made by the Minister of Immigration.

Reconsideration provides one more chance to correct or clarify your application, but the outcome is final and cannot be appealed.

Character Waiver

All visa applicants must prove they are of good character. This means declaring any criminal convictions, human rights concerns, deportations, or similar history. INZ assesses character on a case-by-case basis. A visa may be approved if a character waiver is granted.

INZ will consider:

• The age and nature of any past offence
• The context in which it occurred
• Your ties to New Zealand
• Your purpose for visiting or staying

Misleading or withheld information may also raise character concerns, especially if it appears to be deliberate.

Medical Wavier

Applicants must meet the acceptable standard of health (ASH). If a medical condition means you do not meet this standard, you may still qualify for a visa if INZ grants a medical waiver.

INZ considers:

• Whether you meet the other visa requirements
• The likely cost of your treatment to the NZ health system
• Your contribution to New Zealand
• The support you have in New Zealand
• How long you plan to stay

Request under section 61 of the Immigration Act 2009

If your visa has expired and you are now unlawfully in New Zealand, a Section 61 request may be your only option. This request asks INZ to grant a visa despite your unlawful status. It is considered a last resort.

Key facts:

• You cannot apply under Section 61 if you’ve received a Deportation Liability Notice
• INZ has full discretion to approve or decline the request
• There is no right to appeal if your request is declined

Immigration and Protection Tribunal (IPT)

The IPT is an independent body that can review decisions made by INZ. You can appeal to the IPT if:

• Your residence visa or temporary visa has been declined
• You are facing deportation
• You have special humanitarian circumstances or refugee claims

The IPT may reverse INZ’s decision or recommend further review. Appeals must be submitted within 42 days of receiving the decision.

Ministerial Intervention

In exceptional cases, you may request the Minister of Immigration to intervene. This is not a regular visa process, but a special request when you do not meet standard immigration criteria. The Minister has complete discretion under the Immigration Act 2009 to grant or deny intervention.

Complaint to the Office of Ombudsman

If you believe INZ has treated you unfairly, you may file a complaint with the Office of the Ombudsman. The Ombudsman can investigate:

• Delays or failure to process applications
• Refusal to accept applications
• Official Information Act requests
• Advice provided to the Minister

Note: The Ombudsman cannot review decisions made personally by the Minister.

If you’re facing any of these issues, working with an experienced immigration lawyer can help ensure your response is strategic, well-prepared, and supported by strong evidence. Contact Sharma Law to discuss your case.