2012-Jan 27: Temporary Entry Class Visa Applications: Recording consideration of Exceptions to Policy

Visa Pak 50 - Guidelines for Immigration Officers on recording consideration for exceptions to instructions when processing Temporary Entry Class Visa Applications.

Visa Paks

27 January 2012
  
Temporary Entry Class Visa Applications: Recording consideration of Exceptions to Policy
  
E7.10 (b) of immigration instructions provide that if an application fails to meet the requirements of temporary entry instructions, officers must then consider all the circumstances of the application to see if an exception to temporary entry instructions is justified, taking into account the objectives of temporary entry instructions and the situation and purpose of the applicant. See also section E7.32 which refers to the grant of a limited visa or the imposition of bonds.

E7.16 (a) of instructions provides that except as otherwise provided in the Immigration Act 2009, all immigration officers must observe the following procedures to ensure that decisions on applications for temporary entry are properly documented: 

i. make all file records (particularly file notes and instructions) accurate, clear, complete and factual; and 

ii. give all decisions on applications in writing to applicants (or their representatives) (see E7.35(b)); and 

iii. state the full reasons for the decisions (without prejudicing any risk profiles); and 

iv. if an applicant does not meet the requirements of the relevant immigration instructions on several grounds, the letter declining their application must state why the applicant fails on each count.
  
There has been a question raised by the Office of the Ombudsmen in the context of E7.16 (a)(iii) about whether immigration officers are required to give their reasons in relation to their consideration of an exception.

The Department has recently provided the Chief Ombudsman with an undertaking that where an application for a temporary entry class visa is made and an applicant identifies matters that they consider warrant an exception, Immigration New Zealand will address those matters in its documentation of the decision and communication to the client, in the event of a decline decision on that application.

Where the client does not raise any matters for consideration as an exception, it will suffice for the purposes of documentation and communication of any decision to decline that application, to record that consideration of an exception took place having regard to the fact that the substantive policy was not met, the client did not raise any matters for consideration of an exception, and that in all the circumstances the officer cannot see any reason to grant an exception.

Please ensure that immigration officers processing temporary entry visa class applications are aware of, and follow these documenting requirements.