R8.1 Granting a visa under section 61 (29/11/2010)

See also Immigration Act 2009 s 61

1. The Minister may at any time grant any type of visa to a person who is:
   1. unlawfully in New Zealand; and
   2. not a person in respect of whom a deportation order is in force
2. The Minister's power to grant a visa in a special case has been delegated to officers with Schedule 3 delegations or above.
3. Delegated officers must make decisions on the merits of the individual case balanced against the public interest, and taking into account any relevant international obligations. Current residence instructions are relevant, but not a deciding factor.
4. As the grant of a visa under section 61 is a matter of absolute discretion, no person has the right to apply for a visa under section 61, and if a person purports to make such an application:
   1. the Minister or appropriate immigration officer is not obliged to consider the purported application; and
   2. whether a purported application is considered or not, the Minister or immigration officer is not obliged to give reasons for any decision on it, other than that section 61(1) applies; and
   3. section 23 of the Official Information Act 1982 and section 27 of the Immigration Act 2009 (concerning the right of access to reasons for decisions) do not apply.

Effective 29/11/2010