Contesting immigration descision?

July 12, 2010 7:29 AM

Does anyone have any experience with contesting an Immigration New Zealand application decision?

My EOI got selected from the pool but has been declined on what seems to me to be a technicality – I’m not getting any points for my profession being in an Area of Absolute Skills Shortage as I do not have an undergraduate degree in that field. I do however have a masters degree in that field, as well as the requisite three years industry experience. I would have thought that that would be sufficient but apparently not...

I have asked staff at my university to help me by providing information about modules taken and that my masters could be considered a ‘conversion’ course (it was a taught not research masters) and should be roughly equivalent to an undergraduate degree. Unfortunately I don’t think they will get back to me in time as I have a deadline to provide documentation to support my claim, and they are swamped as it is graduation this month.

I have spoken to my case manager once and provided extra documentation once so far, all of which was very civil / positive sounding but ultimately didn’t get me anywhere.

I’d really like someone else (e.g. a senior case manager or someone) to look at my case but I don’t want to be a dick about it. I'm still able to get approved by getting a job offer, it’s just extra time / money / difficulty / stress to do so. Should I try and argue my case now, or just decide discretion is the better part of valour and keep silent (I don’t want to negatively affect my future chances by labelling myself a troublemaker)?

tl;dr has anyone got any experience of successfully going up the food chain arguing a point with immigration? Did it work? Throwaway email: [e-mail]

posted by anonymous to Law & Government (2 answers total)

I only have experience with the Canadian immigration system, so this advice may not apply in your case at all, but since there isn't hasn't been much answering in this thread I figured I might as well put in my two cents. In Canada, once something like this happens it's really best to get an immigration attorney because small mistakes or misunderstandings can start having very large consequences quickly. There are people who end up in immigration limbo for years and years only to have their applications denied at the end, starting with one little mistake on someone's part (as often as not, an immigration agent). In our system, it is also common to ask your local member of parliament (your local representative to the federal parliament, incase NZ doesn't use a similar parliamentary system) to advocate on your behalf, and a good immigration attorney would advise exactly this if it's the best way to go.
posted by Emanuel at 3:41 PM on July 12, 2010

Get an immigration lawyer. Seriously. They will know what to do, who to approach, and how to present it.
posted by Joe in Australia at 3:21 AM on July 13, 2010