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An investor’s application for residence had initially been declined by Immigration New Zealand (INZ).
INZ had concluded that she did not meet the Investor category instructions.
The Investor, through her lawyer, Gurbrinder Aulakh Barrister & Solicitor filed an appeal against the decision of INZ, challenging it on numerous grounds.
It was also contended that if the applicant had been given a fair opportunity, she would have been able to satisfy the concerns that had led to the decline of the application.
Further supporting documents were then provided in the appeal by the lawyer for the appellant. The appeal was finally successful and it was held that the decision of INZ to refuse residence visa “was made on the basis of an incorrect assessment in terms of the applicable instructions.”
The decision was also held to be procedurally unfair as it lacked proper reasoning.
It was held that the appellant was not provided an adequate opportunity to respond to the concerns.
Therefore, the decision of INZ was cancelled and the application was referred back to the Chief Executive of Ministry of Business, Innovation and Employment for a correct assessment.
Following the re-assessment, INZ approved the residence application in principle.
The investor has now been given time to transfer her nominated property/funds and comply with other provisions within a stipulated timeframe.
Gurbrinder Aulakh is a lawyer practicing at Auckland and on the Immigration and Refugee Law committee of the Auckland District Law Society to which he was reappointed last week for a further term of two years.
Email: firstname.lastname@example.org; www.aucklandcitylawyers.co.nz