Residence visa decision by Tribunal overruled

Did you know that a decision made by the Immigration and Protection Tribunal (IPT) which is chaired by a District Court Judge can be overruled by the Minister of Immigration?

It happens only very rarely but it did in a recent case. Immigration lawyer Jack Tam who was acting for his client, a Chinese national applying for a residency visa under the partnership category, said he found the Associate Minister Kris Faafoi’s decision “odd and irregular”. However, as Faafoi didn’t wish to comment, it was impossible to determine the reasons why he overruled the IPT’s decision.

For those unfamiliar with IPT’s function, it is an independent tribunal administered by the Ministry of Justice. It hears appeals against decisions made by Immigration New Zealand concerning residence class visas, deportation and claims to be recognised as a refugee or protected person.

Read the media report on the case.