E2.40 Who is not eligible for a temporary entry class visa (to 25/09/2023)

Note: These instructions cease to be effective from 25 September 2023. Equivalent instructions are now found at A5.20

See also Immigration Act 2009 ss 15, 16, 17, 83, 210(4)

People to whom section 15(1) and (2) and section 16 of the Immigration Act 2009 apply (see A5.40) are not eligible for a temporary entry class visa or entry permission unless:

1. they have been given a special direction under section 17(1)(a) of the Immigration Act 2009 as an exception to the non-eligibility for a visa (see A5.45); or
2. they are granted a limited visa for the sole purpose of enabling the person:
   1. to be in New Zealand to give or provide evidence or assistance pursuant to a request made under section 12 of the Mutual Assistance in Criminal Matters Act 1992; or
   2. to be transported through New Zealand pursuant to section 42 of the Mutual Assistance in Criminal Matters Act 1992 (see L6.1.15); or
3. they are granted a limited visa for the sole purpose of enabling them to return to New Zealand to face any charge in New Zealand or to serve any sentence imposed on them in New Zealand; or
4. the Tribunal has allowed their appeal against deportation from New Zealand under section 210 of the Immigration Act 2009 and has ordered the grant of a temporary visa or residence class visa; or
5. they have diplomatic or consular immunity.

A decision to grant a visa under E2.40 (a) (b) (c) or (e) is in the absolute discretion of the decision maker.

Effective 29/11/2010