Non-resident / India / served with deportation liability notice / student visa expired / unable to seek further student visa / loaned money to friend who defaulted / sustained traumatic spinal cord injury while working illegally on car yard / paraplegic / requires and receives ongoing care, rehabilitative and vocational support, and treatment / covered by accident compensa…

Non-resident / India / one-day visitor visa expired / wishes to remain with NZ-citizen partner and daughter / length of stay — seven years / partnership unstable as evidenced by repeat family harm episodes and drug use / partner suffers mental health issues / not feasible for partner and daughter to relocate to India / Convention on the Rights of the Child / daughter place…

Non-resident / Tonga / woman / partnership-based work and resident visas declined / length of stay — 14 years / unlawfully in NZ — 11 years / residence appeal successful and awaiting reassessment / INZ’s assessment of couple’s partnership unfair and incorrect / inconsistent evidence as to biological parentage of eldest son did not undermine overall credibility / well-settl…

Non-resident / Bulgaria / woman / further partnership-based work visa declined / residence visa also declined / length of stay – six years / appellant married for 20 years / has not lived in Bulgaria for over 20 years / well settled in NZ / familial nexus to NZ through NZ-citizen husband, two children and husband’s family / best interests of the child / Convention on the R…

Non-resident / Thailand / woman / further visitor visa declined / partner ineligible to support application and character waiver declined / domestic violence / partner’s assault conviction was against ex-partner’s son committed whilst protecting that partner / other assault charges on police report were either acquitted or withdrawn / ex-partner appears to have been the ag…

Non-resident / Fiji / woman / work visa expired / appellant has outstanding applications for work and residence visas applications under Victims of Domestic Violence category / appellant claims partner sexually and physically abused her / police not prosecuting partner due to inconsistencies and credibility issues / liable for deportation as interim visa not granted / INZ …

Non-resident / India / served with deportation liability notice / convicted of drink-driving and assault against partner / processing of residence visa suspended / NZ-citizen partner and young child / while assault raises questions over relationship’s stability, accepted couple have affirmed commitment to provide stable family environment for their son / partner relatively…

Non-resident / India / temporary visa declined / wishes to maintain contact with son in NZ / appellant and wife separated / while appellant in North Island, son lives in South Island / distance limited contact / however, now formalised and more regular / appellant cares for son and making effort to maintain contact / best interests of the child / bond between son and fathe…

Non-resident / South Africa / woman / second appeal / further visitor visa declined as exceeded maximum stay permitted of a visitor and visa granted by Removal Review Authority / INZ found appellant could await outcome of residence application from offshore / when allowing first appeal, Authority had not anticipated delay in son obtaining residence or processing delays res…

Non-resident / Fiji / work visa declined / NZ-citizen husband ineligible to sponsor appellant as sponsored two previous partners / marriage to NZ-citizen does not, of itself, constitute exceptional circumstances / however, couple married for three-and-a-half years and appears genuine and stable / appellant primary carer for couple’s ill child / instructions bar husband fro…

Non-resident / India / China / joint appeal / husband, wife and three children / temporary visas expired / NZ-citizen child and three NZ-born children / over 11 years in NZ / while economic betterment not an exceptional humanitarian circumstance, Tribunal accepts family will face real socio-economic hardship in both India and China / in children’s best interests to remain …

South Africa / widowed appellant / wishes to remain in New Zealand pending determination of residence application / not eligible for residence until son attains residence status / previously lived with, relied heavily on, daughter's family in South Africa / daughter's marriage dissolved / no longer able to accommodate/financially provide for appellant / no viable accommoda…

Fiji / female dependent child appellant / appellant's mother a New Zealand resident / father in Fiji / appellant enjoys good relationship with her father but has not seen him for two years / appellant's mother has a parenting order giving her day-to-day care / father did not oppose mother's application for the parenting order / in the best interests of the child that she r…

South Africa / female appellant married to New Zealand resident / RSAA dismissed appeal because although appellant credible, no real chance of persecution on return / RRA notes that RSAA accepted appellant's account of extreme violence against appellant and her parents, including gang rape of appellant, due to father's ANC involvement in early 1990s / her account explains …

Family (Partnership) category / India / INZ declined the application as sponsor not eligible / decline decision correct / F2.5 / F2.10.10 / R5.95 / S4.5 / S4.5.5 / V3.15.5 / WF2 / Family Violence Act 2018, section 9 / section 109 / section 110 / section 110(1) / Domestic Violence Act 1995, section 14 / ER (Partnership) [2020] NZIPT 205714 / Convention on the Rights of the …

Family (Dependent Child) category / American Samoa / INZ declined the application as appellant not included in mother’s successful Samoan Quota Scheme registration / decline decision correct / F5.35 / Convention on the Rights of the Child / appellant eligible for inclusion in mother’s registration / not included / caught by F5.35 / special circumstances found / familial ne…

Family (Partnership) category / Mexico / INZ declined the application as no eligible sponsor / decline decision correct / F2.5 / sponsoring husband died during processing of application / special circumstances found / appellant left Mexico to settle in NZ with NZ-citizen husband / INZ satisfied relationship was genuine and stable / appellant’s adult sons have possible path…

Skilled Migrant category / United Kingdom / customer care specialist / INZ declined the application as position not skilled / decline decision correct / SM7.10 / SM7.10.1 / Appendix 6 / no substantial match to ANZSCO ICT support officer / appellant’s role did not relate to computer infrastructure / role performed not intended to be captured by ANZSCO description / special …

Skilled Migrant category / China / Columbus Coffee / manager / INZ declined the application as position not skilled / decline decision correct / SM7.10 / SM7.10.1 / Appendix 6 / no substantial match to ANZSCO cafe or restaurant manager / INZ entitled to find contradictions in information provided by head office, appellant and employer / evidence failed to establish appella…

Skilled Migrant category / China / customer care representative / INZ declined the application as position not skilled / decline decision correct / SM7.10.1 / Appendix 6 / no substantial match to ANZSCO ICT sales representative / while goods sold by appellant constituted ICT goods and services, appellant did not sell to industrial, business, professional and other organis…

Skilled Migrant category / Fiji / sterilising unit coordinator / INZ declined the application as position not skilled / decline decision correct / SM7.10 / SM7.10.1 / Appendix 6 / Convention on the Rights of the Child / no substantial match to ANZSCO quality assurance manager / while appellant performed valuable role in unit, not engaged at a strategic level as envisaged b…

Family (Partnership) category / Vietnam / INZ declined the application as sponsor not eligible / decline decision correct / F2.5 / F2.10.10 / appellant’s wife obtained residence on basis of partnership with first husband / subsequently successfully sponsored second husband / consequently, caught by F2.10.10.b / special circumstances found / Tribunal satisfied relationship …

Skilled Migrant category / India / retail manager / INZ declined the application as appellant’s employment not skilled / decline decision correct / SM7.10.1 / Residence Appeal No 16530 (10 September 2010) / Ye v Minister of Immigration [2009] NZSC 76, [2010] 1 NZLR 104 / Convention on the Rights of the Child / no substantial match to ANZSCO position / of the eight core tas…

Family (Dependent Child) category / Fiji / INZ declined the application as appellant not included in his adoptive father's registration under Pacific Access category / F5.1 / F5.35 / R5.15 / policy at F5.35 prohibits appellant being granted residence / decision to decline correct / special circumstances / adopted father unsuccessfully attempted to include appellant in his …

Family (Parent) category / India / INZ declined the application as the sponsor not eligible / F4.1 / sponsor had not held a residence permit for three years immediately preceding the date the application made / decision to decline correct / special circumstances / widow / no independent means of support / no home or support in her home country / greater connection to New Z…

Family (Parent) category / India / two children in India / eldest son (sponsor) and grandson resident in New Zealand / youngest daughter in New Zealand accompanying her husband who holds a student permit / INZ declined application on basis she did not meet centre of gravity requirement / F4.1 / F4.5.20 / decision to decline correct / special circumstances / appellant lived…

Skilled Migrant category / India / technology support specialist / INZ declined the application as position not skilled / assessment flawed / INZ failed to articulate its concerns relevant to assessment of substantial match to ANZSCO ICT customer support officer / failed to identify relevant instructions / relied on grounds not put to appellant / declined application based…

Skilled Residence (Skilled Migrant) category / India / INZ declined the application as employment did not meet remuneration requirement / assessment flawed / INZ failed to assess all relevant evidence when calculating whether remuneration met median wage threshold / despite variable hours clause, employer clarified maximum annual hours worked / thus if additional hours wor…

Skilled Migrant category / India / branch manager / INZ declined the application as position not considered skilled / A1.5 / SM6.10 / SM6.10.5 / SM6.10.5.1 / GZ (Skilled Migrant) [2019] NZIPT 205241 / assessment flawed / incorrect assessment of ANZSCO travel agency manager core tasks / INZ incorrectly found appellant provided inconsistent information following interview / …

Family (Partnership) category / Tonga / INZ declined the application as couple not considered credible / F2.5 / F2.30 / OX (Partnership) [2016] NZIPT 203320 / assessment flawed / INZ failed to assess inconsistent evidence in light of all relevant considerations / failed to exercise common sense / placed weight on irrelevant factors / prejudicially affected outcome of appli…

Family (Dependent Child) category / India / global developmental delay / INZ declined the application as appellant not considered to be of an acceptable standard of health and not eligible for a medical waiver / A1.5 / A4.10 / A4.10.1 / A4.10.2 / A4.10.5 / A4.40 / A4.45 / A4.60 / F5.1 / assessment flawed / appellant six years old / diagnosed with developmental delay / caug…

Skilled Migrant category / India / office and yard manager / INZ declined the application as position not considered skilled / SM7.10 / SM7.10.1 / Appendix 6 / OK (Skilled Migrant) [2013] NZIPT 200869 / GC (Skilled Migrant) [2015] NZIPT 202793 / BM (Skilled Migrant) [2017] NZIPT 203946 / VN (Skilled Migrant) [2015] NZIPT 202407 / assessment flawed / employing company bough…

Skilled Migrant category / India / store manager / INZ declined the application as employment not considered sustainable / also, position not considered skilled / SM7.10 / SM7.10.1 / SM7.15 / assessment flawed / sustainability / employing company’s GST statements indicated insufficient profit to sustain three employees / INZ concerns unsigned financial statements recording…

Skilled Migrant category / India / fibre optic technician / INZ declined the application as employment not considered sustainable / A1.5 / SM7.15 / assessment flawed / INZ failed to properly and fairly consider application / INZ concerned employing company underreported salaries and wages / but, failed to request Employer Monthly Schedules (EMS) documents to properly asses…

Skilled Migrant category / India / packaging factory manager / INZ declined the application as position not considered skilled / SM7.10 / SM7.10.1 / Appendix 6 / NX (Skilled Migrant) [2016] NZIPT 203261 / Convention on the Rights of the Child / assessment flawed / insufficient assessment of whether appellant fulfilled ANZSCO production manager (manufacturing) core tasks / …

Skilled Migrant category / Sri Lanka / ICT network technician / INZ declined the application as employment not considered ongoing and sustainable / A1.5 / SM7.15 / Privacy Act 1993, section 28(1)(b) / Official Information Act 1982, section 9(2)(b)(ii) / EN (Skilled Migrant) [2017] NZIPT 204000 / DH (Skilled Migrant) [2017] NZIPT 204026 / assessment flawed / breach of proce…

Skilled Migrant category / India / associate lecturer / INZ declined the application as position not considered skilled / A1.5 / A1.15 / SM7.10 / SM7.10.1 / Appendix 6 / assessment flawed / INZ failed to consider all evidence provided / failed to provide reasons / incorrectly and repeatedly relied on appellant’s previous position as business tutor, despite contrary evidenc…

Skilled Migrant category / India / business tutor / INZ declined the application as position not considered skilled / SM7.10 / SM7.10.1 / assessment flawed / insufficient assessment of whether core tasks for ANZSCO polytechnic teacher fulfilled / INZ failed to consider all evidence submitted / failed to provide reasons / INZ’s findings directly contrary to evidence provide…

Skilled Migrant category / India / ICT network technician / INZ declined the decision as appellant’s employment not considered ongoing and sustainable / A1.5 / SM7.15 / EN (Skilled Migrant) [2017] NZIPT 204000 / DH (Skilled Migrant) [2017] NZIPT 204026 / assessment flawed / INZ failed to articulate concern regarding sustainability of employment due to restrictions of Priva…

Residence from Work (Long Term Skill Shortage List) category / China / chef / INZ declined the application as appellant’s employer had not demonstrated history of compliance with NZ employment law / RW4.1 / HD (Skilled Migrant) [2015] NZIPT 202764 / assessment flawed / incorrect focus on employer’s history of compliance, rather than current compliance of appellant’s employ…

Skilled Migrant category / China / restaurant manager / INZ declined the application as position not considered skilled / A1.5 / SM7.10 / SM7.10.1 / assessment flawed / fairness / INZ misinterpreted core tasks of ANZSCO cafe or restaurant manager / INZ failed to address appellant’s substantial performance of many ANZSCO core tasks / INZ failed to properly and fairly consid…

Skilled Migrant category / India / ICT technical support officer / INZ declined the application as employment not considered skilled / A1.5 / SM7.10 / SM7.10.1 / WB (Skilled Migrant) [2015] NZIPT 202536 / assessment flawed / insufficient assessment of whether appellant fulfilled core tasks of ANZSCO ICT customer support officer / INZ failed to properly consider application…

Skilled Migrant category / China / marketing specialist / INZ declined the application as position not considered skilled / A1.5 / SM7.10.1 / Appendix 6 / assessment flawed / procedural fairness / INZ did not have all available material when decision made / counsel delayed in sending supporting evidence / INZ on notice evidence had been provided to counsel / evidence refer…

Skilled Migrant category / China / INZ declined the application as employment not considered ongoing and sustainable / A1.1 / A1.5 / SM7.15 / KC (Skilled Migrant) [2016] NZIPT 202812 / assessment flawed / procedural fairness / INZ did not set out concerns about employer’s financial position until it declined the application / no opportunity to respond to specific concerns …

Skilled Migrant category / China / project supervisor / INZ declined the application as employment not considered sustainable / A1.5 / SM7.15 / assessment flawed / employer operating less than two years and yet established itself as profitable / however, failure to adequately consider context of employer’s business / company established for specific purpose of completing p…

Skilled Migrant category / Jordan / barber/hairdresser / INZ declined the application as not satisfied employer had good workplace practices, including history of compliance with NZ immigration and employment law / A1.5 / SM7.20 / Employment Relations Act 2000 / HD (Skilled Migrant) [2015] NZIPT 202764 / Residence Appeal No 16350 (29 January 2010) / assessment flawed / whi…

Skilled Migrant category / India / IT operations coordinator / INZ declined the application as employer not considered to have good workplace practices / A1.5 / SM7.20 / QT (Skilled Migrant) [2015] NZIPT 202225 / INZ failed to seek clarification from INZ about exact date appellant received payment of wages, and employer’s payment of PAYE / incorrectly found employer misled…

Family (Parent) category / China / INZ declined the application as considered appellant failed to retain ownership of nominated settlement funds / A1.5 / F4.10.25 / F4.30.10 / F4.30.10.1 / F4.30.10.5 / F4.30.10.15 / F4.40.30.10 / IA 2009, section 72 / AU (Migrant Investor) [2016] NZIPT 203155 / CT (Migrant Investor) [2017] NZIPT 203739 / CU (Migrant Investor) [2017] NZIPT …

Family (Partnership) category / Nigeria / conviction / INZ declined the application as appellant considered not of good character and not granted a character waiver / A5.25 / A5.25.1 / F2.5 / character / dishonestly offences 17 years ago / 10-year re-entry ban expired / however, remains caught by A5.25.a, .c, .e and .i / therefore not of good character / waiver assessment …

Skilled Migrant category / Fiji / sales development and distribution manager / INZ declined the application as employer not considered to have good workplace practices / A1.5 / SM7.20 / Employment Relations Act 2000 / Holidays Act 2003 / QT (Skilled Migrant) [2015] NZIPT 202225 / PS (Skilled Migrant) [2016] NZIPT 203345 / assessment flawed / wages and time record / while s…

Family (Sibling and Adult Child) category / India / INZ declined the application as offer of employment not considered genuine or sustainable / F6.1 / F6.5.20 / F6.5.25 / F6.30 / R4.10 / LI (Skilled Migrant) [2012] NZIPT 200715 / assessment flawed / genuineness / instructions do not prohibit employment offer from friend or family member / in context of Sibling and Adult Ch…

Skilled Migrant category / India / fruit quality controller / INZ declined the application as position not considered skilled / therefore failed to meet points on the basis of which his EOI was selected / A1.5 / SM7.10 / SM7.10.1 / SM7.10.5 / SM7.10.10 / Appendix 6 / BA (Skilled Migrant) [2011] NZIPT 200011 / GH (Skilled Migrant) [2011] NZIPT 200383 / assessment flawed / b…

Skilled Migrant category / Fiji / internal auditor / INZ declined the application as employment not considered ongoing and sustainable / A1.5 / SM7.15 / KC (Skilled Migrant) [2016] NZIPT 202812 / Residence Appeal No 15633 (28 January 2008) / assessment flawed / breach of procedural fairness / INZ failed to properly put concerns regarding third party funding to appellant, d…

Skilled Migrant category / India / Bottle-O / liquor store manager / INZ declined the application as position not considered skilled / A1.5 / SM7.10 / SM7.10.1 / assessment flawed / failure to objectively and substantively assess evidence provided / conclusion regarding involvement in determining product mix, contradictory / failure to consider evidence supporting appellan…

Skilled Migrant category / India / Super Liquor / manager / INZ declined the application as position not considered skilled / A1.5 / SM7.10 / SM7.10.1 / Appendix 6 / assessment flawed / INZ incorrectly weighed franchise head office’s involvement in store / head office had limited control over stores / failure to consider all relevant information provided / incorrect to req…

Special Policies (Refugee Family Support) category / Ethiopia / INZ declined the application as not satisfied sponsor able to meet accommodation undertakings / also, not satisfied appellant and husband (included in application) in genuine and stable relationship / F2.20.15 / S4.10.70 / assessment flawed / INZ incorrectly advised sponsor address for accommodation necessary …

Skilled Migrant category / Fiji / INZ declined the application as employment not considered sustainable / A1.5 / SM7.1 / SM7.15 / Residence Appeal No 15633 (28 January 2008) / Residence Appeal No 16112 (27 April 2009) / assessment flawed / inadequate explanation for why employment not considered financially sustainable / breach of procedural fairness / Tribunal notes finan…

Skilled Migrant category / China / office manager / INZ declined the application as employment not considered ongoing and sustainable / A1.5 / SM.15 / assessment flawed / INZ failed to consider all relevant information / evidence showed annual profits of employer over five years, but INZ focussed on two years in which profit not made / failed to consider appellant’s statem…

Skilled Migrant category / Malaysia / orchard manager / INZ declined the application as position not considered skilled / A1.5 / SM7.10 / SM7.10.1 / assessment flawed / claimed employment a substantial match to ANZSCO human resource adviser specialisation of personnel officer / INZ failed to consider evidence supporting substantial match to personnel officer / INZ failed t…

Family (Partnership) category / India / INZ declined application as not satisfied relationship genuine and stable / A1.5 / F2.5 / F2.20 / F2.30 / F2.25 / assessment flawed / INZ’s reliance on randomly selected villagers’ statements for its decision, inappropriate / instructions allow interviews with couple and others relevant to application / not demonstrated how villagers…

Skilled Migrant category / India / restaurant manager / INZ declined the application as employer did not have good workplace practices / also, employment created an unacceptable risk to integrity of NZ employment laws / A1.5 / SM7.20 / assessment flawed / while employer did breach terms of appellant’s employment agreement, breach relatively minor and remedied prior to INZs…

Skilled Migrant category / India / Domino’s Pizza franchise store manager / INZ declined the application as position not considered skilled / A1.5 / SM7.10 / SM7.10.1 / assessment flawed / incorrect assessment of appellant’s day-to-day tasks and whether position was a substantial match to ANZSCO retail manager / appellant not required to have complete autonomy over operati…

Skilled Migrant category / Fiji / liquor store manager / INZ declined the application as position not considered skilled / SM7.10.1 / Appendix 6 / assessment flawed / Tribunal finds INZ minimised the significance of ANZSCO tasks undertaken by appellant / appellant held requisite degree of organisation and control / position a substantial match to ANZSCO retail manager / th…

Skilled Migrant category / India / retail manager / INZ declined the application as appellant’s employment not considered skilled / A1.5 / SM7.10 / SM7.10.1 / assessment flawed / procedurally and substantively unfair / INZ’s comparison of job description and ANZSCO Retail Manager core tasks, rigid and narrow / job description shows appellant performed more core tasks than …

Skilled Migrant category / India / branch manager / INZ declined the application as position not considered skilled / SM7.10 / SM7.10.1 / Appendix 6 / assessment flawed / no opportunity for employer to give full description of appellant’s tasks / failure to consider request that position be reassessed against ANZSCO financial institution branch manager occupation as appell…

Skilled Migrant category / India / service station manager / INZ declined the application as position not considered skilled / A1.5 / SM7.10 / SM7.10.1 / Appendix 6 / assessment flawed / breach of procedural fairness / verification of employment, inadequate / failure to keep accurate records of interview / interview unfocused and officer failed to ask central questions as …

Family (Dependent Child) category / Fiji / congenital conditions / INZ declined the application as appellant not of an acceptable standard of health and not granted a medical waiver / A4.10 / A4.10.1 / A4.10.2 / A4.10.10 / A4.45 / A4.60 / A4.70 / F5.1 / CI (Dependent Child) [2013] NZIPT 201374 / CX (Dependent Child) [2014] NZIPT 201413 / Patel v Chief Executive of the Depa…

Skilled Migrant category / India / shop manager / INZ declined the application as position not considered skilled / SM7.10 / SM7.10.1 / Appendix 6 / assessment flawed / Tribunal finds appellant had managerial autonomy of superette and authority to enter into binding legal contracts / serving customers not inconsistent with core tasks of ANZSCO retail manager / performed ma…

Skilled Migrant category / India / electronic engineering technician / INZ declined the application as offer of employment and work experience not considered genuine / A1.5 / R5.10 / SM7.10.1 / SM7.15 / SM11.10 / SM14.10 / assessment flawed / fairness and natural justice / verification inadequate / work experience verified by neighbouring shopkeepers rather than employer /…

Skilled Migrant category / India / liquor store manager / INZ declined the application as position not considered skilled / A1.1 / A1.5 / SM7.10 / Appendix 6 / no substantial match to ANZSCO retail manager / assessment flawed / breach of procedural fairness / INZ found no evidence of change in employment circumstances since first residence application made / while INZ did …

Skilled Migrant category / Fiji / security consultant / INZ declined the application as position not considered skilled / A1.1 / A1.5 / A1.15 / SM7.10 / SM7.10.1 / assessment flawed / INZ failed to give reasons for decline decision / failure to assess how much time appellant spent on particular duties / the INZ decision is cancelled and referred back to INZ for correct ass…

Family (Parent) category / Fiji / INZ declined the application as centre of gravity not in NZ / F4.1 / F4.5.5 / F4.5.10 / R2.1.5 / R5.6 / assessment flawed / application includes two sons / INZ incorrectly advised that both sons needed to be dependent on appellant / one son removed from application / not an “applicant” within meaning of R2.1.5 / therefore son’s age not “fi…

Skilled Migrant category / Fiji / carpenter / INZ declined the application as appellant’s employment not considered genuine, ongoing and sustainable / A1.5 / SM7.15 / assessment flawed / information gathered during site visits, equivocal / conclusions drawn were unjustified and without sufficient foundation / failure to properly consider all relevant information in respons…

Skilled Migrant category / India / chef / INZ declined the application as appellant not awarded points for skilled employment, work experience or spouse’s qualification / A4.10 / A4.60 / R5.20.1 / SM7.20 / assessment flawed / INZ advised appellant not of acceptable standard of health / subsequent INZ letter raised additional concerns regarding appellant’s employment / when…

Skilled Migrant category / China / property manager / INZ declined the application as appellant failed to provide evidence of recognised work experience / A1.1 / A1.5 / SM7.10 / SM7.10.1 / SM7.10.5 / SM7.10.10 / Appendix 11 / breach of procedural fairness / failure by INZ to provide deadline for request of evidence / failure to notify appellant that decision would be made …

Skilled Migrant category / Fiji / mechanic / INZ declined the application as employment found not skilled / SM7.10 / SM7.10.1 / SM7.15 / SM11.10 / concern over quality of appellant's work, ability to carry out tasks satisfactorily / INZ incorrect to find appellant not in skilled employment on this basis / performance standards are not a criterion when assessing whether emp…

Skilled Migrant category / Fiji / photographer / INZ declined the application as appellant ineligible for points for work experience or offer of employment / SM7.20 / SM11.10 / SM11.15 / R5.5 / R5.10 / work experience incorrectly assessed / no determination whether reference fraudulent / whether appellant's photographic experience resulted from his work experience, unresol…

Family (Sibling and Adult Child) category / India / appellant acknowledged shortfall between minimum income offered by employment and income required by policy for applicant with two dependent children / submitted difference would be made up from income derived from rental property, pension and investments / INZ declined the application as appellant did not meet minimum in…

Skilled Migrant category / India / computer technician / IELTS certificate requested / none provided / INZ declined the application as appellant did not meet the English language requirement / SM5.5 / He v Chief Executive of the Department of Labour (High Court, Wellington CIV-2008-485-1300, 13 November 2008, Ronald Young J) / English language requirement / fairness and na…

Skilled Migrant category / Fiji / carpenter / appellant not found to be in full-time employment or paid in accordance with his employment contract / INZ declined the application as appellant not in skilled employment / therefore did not meet points on the basis of which his EOI was selected / SM7.10.1 / SM7.15 / SM7.20 / skilled employment / full-time / INZ found appellant…

Family (Parent) category / India / appellant declared adult child in New Zealand / dependent child and adult child (AA) in India also declared / evidence of AA's employment contradictory / INZ declined the application as AA found not to be independent / therefore appellant did not meet centre of gravity requirement / appellant also found not to be of good character and not…

Family (Parent) category / India / request for evidence that New Zealand was the sponsor's primary place of residence / evidence supplied, including a tenancy agreement / INZ declined the application as the appellant's sponsor son was not in New Zealand when the application was assessed / F4.1 / F4.5.1 / F4.25 / F4.10.25 / INZ asserted tenancy agreement dated 2002 and bill…

Skilled Migrant category / India / trainee manager / INZ declined the application as it did not consider the offer of employment ongoing and sustainable / SM7.10 / SM7.15 / section 18F(2)(b) / Residence Appeal No 15236 (25 May 2007) / timely request by counsel for the file / however receipt delayed as INZ notified file mislaid / consequently submissions received late by th…

Special Policies (Residual Pacific Access Category Places Policy) / Fiji / auto repairs / offer of employment from appellant's own company / shares transferred from appellant to family member / INZ declined the application as the appellant did not have an acceptable offer of employment and minimum income requirements not met / A1.5 / A1.15 / S1.40.30 / S1.40.35 / S1.41 / f…

Skilled Migrant category / United Kingdom / INZ declined the application as they declined to award points for the appellant's wife's employment / therefore the appellant failed to achieve the required points / SM4.5 / SM7.5 / SM7.15 / SM10.5 / R5.20.1 / section 17A(4) / INZ awarded 50 points for the appellant's skilled employment of less than 12 months / however, he became…

Family (Dependent Child) category / India / NZIS interviewed appellant and were concerned that although appellant purported to have been undertaking a computer course, he did not have a basic knowledge of computers / during site visit to appellant's address, two persons (CC and DD) stated that appellant had been working / discrepancy regarding how he received money from pa…

Family (Partnership) category / Bangladesh / appellant's refugee claim in Australia unsuccessful / Tokelau wife / NZIS declined the application as it disbelieved the evidence of the appellant and his wife given in an interview, and therefore it found the marriage was not genuine and stable / A1.1 / A1.5 / F2.30 / the NZIS decision is broad and vague as to the precise groun…

Family (Sibling and Adult Child) category / Bangladesh / NZIS declined the application because it was not satisfied that the company was financially stable to maintain an ongoing offer of employment / NZIS did not consider that employer would agree to give appellant half company profits as salary / F6.1 / F6.5.20 / F6.5.25 / A1.5 / offer of employment / genuineness / NZIS …

Tunisia / Muslim / appellant and father active members of El Nahdha (MTI) Party / administrative surveillance / distributed pamphlets / attended meetings and demonstrations / severe harassment / several arrests / detention / imprisoned / ill treatment / beaten / torture / electric shocks / raped / reporting requirement / father died in detention / home ransacked / bribed a…

India / Punjab / Sikh / active committee member of All India Sikh Students Federation (AISSF) / business partner with fellow AISSF member / appointed as cashier / business partner appointed as speech secretary / arranged meetings and finances / public speeches / harassment / arrests and detention / arranged banned local AISSF protest rally against Independence Day / distri…

Iran / anti-regime family / accumulated and distributed foreign political material / assaulted by Hezbollahi student after writing political graffiti / arrest after drinking alcohol and appearing in public with a girlfriend / member of Jebhe-Ethahde, underground anti-regime movement / education discrimination / dismissed from photography job after submitting controversial …

India / Punjab / Sikh / member of All India Sikh Students Federation (AISSF) / gave speeches at Gurdwaras promoting Sikh and Punjabi causes / three occasions of arrest and detention / accused of inciting people against the government and involvement in assassination of Beant Singh / ill-treatment / beaten / torture on third occasion / releases secured by village Panchayat …

India / Punjab / Sikh / appellant and his father former members of the Indian Army / rank of commissioned officer (Holda Dafedar) / active member of Akali Dal (Mann) / anti-government / gave speeches at large gatherings / first arrest / five day detention / questioned / beaten / medical treatment required / second arrest / three week detention / questioned / ill-treatment …

Ethiopia / joint appeal / husband and wife / husbands claim / supported Ethiopia Peoples Rights Party (EPRP) at school / participated in strikes, marches, civil disobedience and distribution of anti-Dergue pamphlets / arrest of several hundred students / five year detention in prison without trial / interrogation / ill treatment / joined All Amhara Peoples Organisation (AA…

India / Jalandhar / appellants father and paternal grandfather former members of the Indian Army / father an active member of Akali Dal (Mann) Party / arrested and detained / ill treatment / two further arrests and detentions / beaten / legal departure / appellant raised by paternal grandparents / first arrest / three day detention / interrogated / beaten / ill treatment /…

India / Punjab / Sikh / son gave terrorists food and shelter at threat of gunpoint / police suspected son of involvement with pro-Khalistan activities / son arrested and beaten / release secured by intervention of Sarpanch / son fled family home to New Zealand / police harassment / arrest / three to four day detention / ill-treatment / beaten / release secured by intervent…