A5.20 Applicants ineligible for a residence class visa or entry permission (29/11/2010)

See also Immigration Act 2009 ss 15, 16, 17, 73, 74

1. Any person described in section 15 or 16 of the Immigration Act 2009 must not be granted a residence class visa or entry permission, and their application will be declined. The only exceptions are where:
   1. the person is otherwise eligible for the grant of a visa and entry permission under immigration instructions (see S2), and
   2. a special direction under section 17 of the Immigration Act 2009 has been given to that person, authorising the grant of a visa and entry permission.

Note: Persons described in section 15 or 16 must not be issued with a temporary entry class visa either (see A5.40).

1. Under section 15, the following people are not eligible for a visa or entry permission to enter or be in New Zealand:

   Any person who -

   1. at any time (whether before or after the commencement of the Immigration Act 2009), has been convicted of any offence for which that person has been sentenced to imprisonment for a term of five years or more, or for an indeterminate period capable of running for five years or more; or
   2. at any time within the preceding 10 years (whether before or after the commencement of the Immigration Act 2009), has been convicted of any offence for which that person has been sentenced to imprisonment for a term of 12 months or more, or for an indeterminate period capable of running for 12 months or more; or
   3. is subject to a period of prohibition on entry to New Zealand under section 179 or 180 of the Immigration Act 2009; or
   4. at any time (whether before or after the commencement of the Immigration Act 2009) has been removed or deported from New Zealand under any enactment; or

Note: This provision does not apply to persons: deported from New Zealand under section 158 of the Shipping and Seaman Act 1952; or, who were subject to a removal order under section 54 of the Immigration Act 1987, if the removal order has expired; or, deported under the Immigration Act 2009, if the relevant prohibition on entry under section 179 or 180 has expired; or, deported from New Zealand under section 20 of the Immigration Act 1964 on the grounds of being convicted of an offence against section 14(5) or 15(5) of that Act.

1. is excluded from New Zealand under any enactment; or
2. has, at any time, been removed, excluded, or deported from another country.

Paragraphs (b)(i) and (ii) above apply:

• Whether the sentence is of immediate effect or is deferred or is suspended in whole or in part
• Where a person has been convicted of two or more offences on the same occasion or in the same proceedings, and any sentences of imprisonment imposed in respect of those offences are cumulative, as if the offender had been convicted of a single offence and sentenced for that offence to the total of the cumulative sentences
• Where a person has been convicted of two or more offences, and a single sentence has been imposed in respect of those offences, as if that sentence had been imposed in respect of a conviction for a single offence.

1. Under section 16 of the Immigration Act 2009, the following people are not eligible for a visa or entry permission to enter or be in New Zealand:

   Any person who the Minister has reason to believe:

   • is likely to commit an offence in New Zealand that is punishable by imprisonment; or
   • is, or is likely to be, a threat or risk to security; or
   • is, or is likely to be, a threat or risk to public order; or
   • is, or is likely to be, a threat or risk to the public interest; or
   • is a member of a terrorist entity designated under the Terrorism Suppression Act 2002.
2. Despite sections 15 and 16 of the Immigration Act 2009, entry permission must be granted to the holder of a:
   • permanent resident visa; or
   • resident visa granted in New Zealand; or
   • the holder of a resident visa arriving in New Zealand for a second or subsequent time as the holder of the visa.

Effective 29/11/2010