DECLINED DECISION REVERSED
At Gild Legal, we are dedicated to ensuring fair outcomes for our clients by upholding principles of fairness and natural justice. Recently, we assisted a client, whose student visa application was unlawfully declined. Through meticulous advocacy and strategic complaint resolution, we successfully secured her visa, ensuring she could commence her studies in New Zealand.
Client’s application for a student visa to study at Whitireia was declined despite her providing comprehensive evidence of financial capability and genuine intent to study. Immigration New Zealand (INZ) cited insufficient proof of funds as the reason for rejection. However, a review of the application revealed that key documents were either overlooked or disregarded during the assessment.
Our Approach
We lodged a formal complaint with INZ, addressing the significant procedural errors made by the case officer. The complaint outlined the following key points:
- Misinterpretation of Financial Evidence:
INZ claimed a lack of genuine source evidence for the applicant’s funds. We highlighted that the client had submitted clear documentation, including agreements and bank statements, which demonstrated the source of her funds as proceeds from her relative’s property sale.- Failure to Consider Submitted Documents:
INZ incorrectly asserted that evidence of money transfers was not provided. We demonstrated that these documents were submitted and available in the online application system, further substantiating the applicant’s financial capacity.- Breach of Fairness and Natural Justice:
The officer failed to issue a Request for Information (RFI) or Potentially Prejudicial Information (PPI), denying the client an opportunity to address any perceived shortcomings. We argued that this was a significant breach of procedural fairness.
Resolution and Outcome
Our complaint was reviewed by the Practice Lead of the Student Visa Branch, who agreed with our concerns. They acknowledged the procedural failures and promptly returned the application for reassessment. By presenting updated evidence and clarifying any lingering concerns, we ensured that the reassessment process was thorough and fair.
Just days before Christmas, INZ granted our client a student visa, enabling her to focus on preparing for her studies starting in February 2025.
Conclusion
This case underscores the importance of holding decision-makers accountable and advocating for procedural fairness. Our persistence and commitment to the client’s case not only secured her visa but also demonstrated our ability to navigate complex immigration challenges.
At Gild Legal, we are proud to support clients in achieving their goals, even in the face of adversity. If you are facing challenges with your visa application, we are here to advocate for your rights and ensure a fair outcome.
