A24.5 Assessing whether section 58(6) of the Immigration Act 2009 applies

1. A decision that section 58(6) of the Immigration Act 2009 (see A24.1(f)) applies due to the provision of false or misleading information does not require an immigration officer to determine whether or not the applicant personally:
   1. knew that the information was false or misleading; or
   2. knew that such information was provided to INZ (for example by their agent); or
   3. intended to deceive INZ through their actions or inaction.
2. A decision that section 58(6) of the Immigration Act 2009 applies, due to the withholding of relevant information or the failure to advise of a material change of circumstances, requires an immigration officer to be satisfied that the applicant, or their agent, knew that information.
3. A decision that section 58(6) of the Immigration Act 2009 applies due to the withholding of relevant information or the failure to advise of a material change of circumstances, does not require an immigration officer to determine whether or not the applicant personally intended to withhold information, or deceive INZ through their actions or inaction. It also does not require an immigration officer to determine that the information, if previously known by INZ, would necessarily have led to a decline decision.
4. In cases where an applicant has an agent acting on their behalf, a decision that section 58(6) of the Immigration Act applies does not require an immigration officer to determine whether or not the agent knew that the information was false or misleading.

Note: Section 58(6) of the Immigration Act 2009 (A24.1(f)) cannot be used to decline an application where the proposed ground for declining it is false, misleading or withheld information in a previous application. In such a case, an immigration officer must follow the instructions at A5.25 or A5.45.

Effective 25/09/2023