This case is about another successful client, who have been in New Zealand for more than 10 years and was waiting for his dream of residency to come through.
Thanks to our team of advisers, he is closer to be a resident of New Zealand than ever.
Even though, INZ declined his residence visa, we appealed to the Tribunal and we were successful. Now the case is back with INZ for reassessment and we are waiting for a positive outcome.
Our client applied for his residence visa as the store manager of a liquor store, but INZ was not satisfied that he organises and controls the operations of the liquor store and recognized that the client is conducting only two of the eight core tasks. However, INZ raised concerns mainly on two aspects – franchise agreement limitations and the lack of objective evidence provided.
INZ had not understood that franchised operations operated in a range of ways with some constraining business more than others. Therefore, the particular detail and the way in which the client’s store was operated needed to be considered carefully and this included the level of autonomy given to the client to run the business.
The Tribunal found on the basis of the information provided that the terms and conditions of the franchise agreement leaves a store manager with sufficient scope to organise and control the store’s operations, such that the client may be able to show that his employment is a substantial match to that of an ANZSCO Retail Manager.
The Tribunal found that INZ was right to hold some concerns whether the client performed aspects of some tasks, however INZ decision to decline the application was procedurally flawed.
INZ failed to properly consider the evidence provided by the client at to the tasks he undertook in the context of the business – liquor store – a small business with a few staff – in which he was working. While INZ stated there had been a holistic assessment that was not evident in its findings. As a result, INZ overall assessment was not fairly conducted. The Tribunal therefore cancelled the decision and referred the application back to INZ for a correct assessment.