Abdul’s temporary visa application was declined by Immigration New Zealand (INZ). Abdul has no reconsideration or appeal rights as he has been unlawfully in New Zealand for several months. Question: Under which legislation could Abdul request for a review of INZ’s decision to decline his temporary visa application? (1 mark)

Question

BlackTom AI · Accepted Answer

The Ombudsmen Act 1975 provides a mechanism for reviewing administrative actions by public agencies such as Immigration New Zealand (INZ).

1. Relevant knowledge points and concepts
- The Ombudsmen Act 1975 authorises the Ombudsman to investigate complaints about decisions, actions, and procedures of central and local government agencies and to examine whether administrative decisions were made properly and fairly.
- The Privacy Act 2020 deals with handling of personal information, not general administrative decision review.
- The Official Information Act 1982 governs access to official information, not merits review of decisions.
- The Immigration Act 2009 sets immigration law and appeal pathways, but if statutory reconsideration or appeal rights are not available (for example because of unlawful presence), those internal avenues are not accessible.

2. Step-by-step reasoning
- Identify the actor: INZ is a public agency; its decision to decline a visa is an administrative action.
- Identify Abdul’s options: he has no reconsideration or appeal rights under immigration processes.
- Apply statute: where no statutory appeal exists, the Ombudsmen Act 1975 enables an individual to request an investigation into the procedural fairness, reasonableness, and lawfulness of the agency’s conduct and decision-making.
- Outcome: the Ombudsman may investigate, make findings and recommend remedies (though recommendations are not always legally binding).

3. Calculations/intermediate steps
- No numerical calculations required.

4. Why the correct answer is correct
- The Ombudsmen Act 1975 is the appropriate legislation for an external review of administrative decisions by public agencies when statutory appeal routes are unavailable. It directly covers complaints about INZ’s decision-making process.

5. Why the other options are incorrect
- Privacy Act 2020: limited to personal data privacy complaints, not general decision review.
- Official Information Act 1982: used to request information, not to challenge the merits of a decision.
- Immigration Act 2009: contains appeal/reconsideration rules, but Abdul lacks those rights here; it does not provide the external administrative review route the Ombudsmen Act does.

Conclusion: The correct legislative basis for Abdul to request a review is the Ombudsmen Act 1975 (option a), which matches the provided answer.

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