Special Cases & Appeals

Here we share some general information about Special Cases and Appeals. This material is for information purposes only. Contact one of our Licensed Immigration Advisers for personal immigration advice.

Special Cases & Appeals

It is simply not true that all of your circumstances are going to be considered by Immigration New Zealand on a case by case basis.

Specific policy requirements guide immigration officials as to whom should be approved under each category of policy, and applicants who fall outside of those requirements will be declined.

A consequence of there being a formal, written policy is that there will always be applicants who “just miss”.

To the applicant, a "just miss" is a lifetime disappointment, and they will sometimes wonder why Immigration New Zealand can't "help me across the line". That can't happen because the New Zealand system is not corrupt, and case decisions are made according to rules, not personal favours.


When a visa application goes wrong and has been declined, or a visa has expired, there may be grounds for appeal. This is a specialist area of work as knowledge of tribunals, precedent cases, and current trends are paramount to preparing strong appeals. Some special cases include but are not limited to:

  • Residence Visa appeals
  • Appeals against deportation
  • Humanitarian appeals

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The Malcolm Pacific Immigration team of advisers and experts take away the stress and worry of navigating the complex world of New Zealand Special Cases policy and immigration.

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Minister Of Immigration

The powers of absolute discretion and delegation do lie with the Minister of Immigration, so it is also true that exceptions and special cases can be legally and practically possible in exceptional cases.

The fact that such a possibility exists, combined with hope born of desperation, can lead to migrants being exploited.

Telling a migrant, "I have good connections, and I will write to the Minister for you" can give a desperate applicant hope, but it is unfair if the chances of success are misrepresented.

Honest Advice, Not False Hope

Migrants deserve honest advice, not false hopes.

The fact is, approval of Special Cases and exceptions to policy are very few and far between.

General Comments

At Malcolm Pacific Immigration, we do undertake Special Cases and Appeals, and we have had some spectacular success. However, we will only do so after giving you very honest advice about your chances.

We will usually develop a detailed strategy around such Special Cases or appeals, often engaging in specialist research or advice.

We most certainly will not just “write a letter to see what happens".

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