Supreme Court – overstayer parents of New Zealand citizen children
Willie Ye and others v Minister of Immigration and Yueying Ding Alan Qiu and Stanley Qiu v Minister of Immigration and others - [2009] NZSC 76
High Court - Investor
Xiufang Xi & Ors V The Chief Executive of the Department of Labour HC WN CIV-2006-485-000936, 21 November 2007
SMC - 206492e 24 JAN 2023
Skilled Migrant category / Pakistan / customer service manager / INZ declined the application as position not considered skilled.
SMC - 206404e 23 MAR 2022
Skilled Migrant category / India / store manager / Thirsty Liquor / INZ declined the application as position not considered skilled.
SMC - 206290e 27 JAN 2022
Skilled Migrant category / India / Liquor Centre / manager / INZ declined the application as position not considered skilled.
SMC - 206341e 16 DEC 2021
Skilled Migrant category / China / office coordinator / INZ declined the application as position not considered skilled.
SMC - 206330e 7 DEC 2021
Skilled Migrant category / India / restaurant manager / INZ declined the application as position not considered skilled.
SMC - 206253e 18 OCT 2021
Skilled Migrant category / India / Bottle-O / liquor store manager / INZ declined the application as position not considered skilled.
Investor - 201675e 11 SEP 2014
Business (Migrant Investment – Investor 2) category / China / INZ declined the application as appellant failed to transfer nominated investment funds to NZ within specified timeframe / Is Union Pay part of the Chinese banking system?
Entrepreneur - 205413e 14 JUN 2019
Business (Entrepreneur Residence Visa) category / China / INZ declined the application as business failed to comply with NZ employment law / assessment flawed.
Entrepreneur - 204778e 27 JUL 2018
Business (Entrepreneur Residence Visa) category / China / NZ declined the application as business not benefitting NZ / further, business failed to achieve revenue forecasts / and, not satisfied business had potential to become profitable in following 12 months.
Family – Dependent Child
202414e 26 MAY 2015
Family (Dependent Child) category / India / joint appeal / sisters / INZ declined the application as appellants not declared in parents’ previous residence applications / assessment flawed.
Family – Partnership, 204508e 19 JUN 2018
Family (Partnership) category / India / INZ declined the application as appellant failed to meet good character requirements / drink driving conviction / character waiver not granted.
Family – Partnership, 203209e 15 JUN 2016
Family (Partnership) category / India / INZ declined the application as not satisfied couple living together in genuine and stable relationship or that relationship likely to endure / assessment flawed / failure to consider all relevant information.
Family – Partnership, 202906e 31 MAR 2016
Family (Partnership) category / Tonga / conviction / INZ declined the application as appellant considered not of good character and not granted a character waiver / convicted of sexual offence and failed to declare charge and conviction.
Family – Partnership, 200765e 31 OCT 2012
Family (Partnership) category / China / INZ declined the application as not satisfied couple living together in genuine and stable relationship / assessment flawed / failure to consider evidence that couple lived together for two years.
Family – Partnership, 200101e 31 MAY 2011
Family (Partnership) category / China / INZ declined the application as not satisfied couple in genuine and stable relationship for 12 months or more / assessment flawed / while partnership poorly documented, INZ failed to consider whether couple ought to be afforded an interview.
Family – Partnership, 15919e Precedent 29 SEP 2008
Family (Partnership) category / India / INZ declined the application as it was not satisfied the appellant in a genuine and stable partnership.
Refugee Asylum – 802143 30 MAR 2023
China / Protestant Christian / fears persecution as a Christian / wife (now deceased) established house church often gathering in couple’s home, assisted by appellant.
Refugee Asylum – 801432 18 APR 2019
India / joint appeal / husband and wife / Sikh / woman / appellants fear serious harm from wife’s family following their marriage (honour killing) / appellants met at secondary school and established a secret relationship, necessary due to Sikh and local cultural customs.
Refugee Asylum – 801065 22 JUN 2017
India / Hindu / Brahmin caste / fears serious harm at hands of violent ex-boyfriend and uncle / appellant and her mother targeted by uncle and his associate over ongoing family property dispute / appellant subject to physical, psychological and physical abuse by NZ-based ex-boyfriend.
Deportation - 505748 14 APR 2023
Non-resident / India / served with deportation liability notice / two driving convictions / failed to disclose convictions in previous visa applications / length of stay — over eight years / family well-settled / immediate deportation will cause family hardship and disruption.
Deportation - 505349 7 OCT 2021
Non-resident / Vietnam / partnership-based work visa declined / NZ-citizen wife not an eligible sponsor / acted as partner in two previous successful residence applications / couple in genuine and stable partnership / wife works full time and is sole income earner / appellant is NZ-citizen daughter’s primary caregiver and provides day-to-day care.
Deportation - 504950 22 JUN 2020
Non-resident / Vietnam / woman / work visa declined / appellant’s husband died during processing of visa / appellant wishes to remain with NZ-citizen daughter / length of stay — over 12 years / unlawfully in NZ — 11 years.
With more than 90 successful appeals to the Immigration and Protection Tribunal, TDA Immigration has an incredible and enviable reputation in representing clients in appeals.
TDA Immigration clients have also been successful in appeals to the High Court. The Court of Appeal and the Supreme Court.
TDA Immigration is proud of its track record in being able to successfully fight for the rights of its clients after their applications were declined by Immigration New Zealand. Here is a sampling of TDA Immigration successful appeals.
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