2013-Apr 26: Assessing character

Visa Pak 109 - Advice to staff while assessing character for an application submitted and determine whether an applicant requires a character waiver

Visa Paks

26 April 2013

Assessing character

Before deciding an application Immigration Officers must be satisfied that applicants for all visas must be of good character and not pose a potential security risk.

If any person included in an application fails to meet the necessary character requirements and the character requirements are not waived, the application must be declined.

It is essential that when assessing any type of visa we are satisfied that:

  • We hold all the necessary information to satisfy ourselves that we are aware of any character issues such as arrests, charges or convictions; and
  • That any potential character issues are dealt with appropriately through a character waiver where instructions deem it necessary.

Ensuring we have all the necessary information

Character instructions state that applicants for a residence class visa must submit a police certificate for any country of citizenship and any other country where they have resided for 12 months or more in the last 10 years.

Applicants for a temporary entry class visa intending a stay of more than 24 months must supply a police certificate from any country of citizenship and any country they have resided in for five years or more.

When considering whether we hold all the necessary police certificates consider the following information:

  • Has the applicant declared all their citizenships and places of residence? Is there any information on the file that indicates otherwise?
  • Has the correct police certificate been supplied as per instructions on Immigration New Zealand’s website?
  • Have all relevant names for the applicant been checked on the police certificates? (Consider whether it is a finger print or non-fingerprint check)

Determining whether an applicant requires a character waiver
Applicants that have a character issue that falls within A5.25 (residence) or A5.45 (temporary) are not eligible for a visa unless granted a character waiver. When determining whether an applicant requires a character waiver, consider the following information:

Note: Does the applicant have a conviction that falls within any of the examples listed in the above instructions?

  • When making this determination take a broad interpretation of the conviction. In particular where instructions state “any offence involving…” consider the facts of the conviction, not just the name of the conviction. This may involve requesting further information if the police certificate was not clear as to what the conviction involved. For example when considering whether an applicant has been convicted at any time of any offence of a sexual nature, consider the facts of the case (preferably through official documents) to determine whether there was any sexual element to the offending.
  • Check carefully what sentence the applicant received for any convictions listed. For residence applications if an applicant has been sentenced to a term of imprisonment they are subject to A5.25, regardless of whether they actually served any prison time or not.
  • If it is not immediately clear whether the applicant requires a character waiver then consider:
    • requesting further information from the applicant;
    • seeking advice from a Technical Advisor, Immigration Manager, Operations Support;
    • Erring on the side of caution. It is better to consider a character waiver that may not be necessary than to not consider a character waiver that may be necessary.

Is our decision defendable?

Q3 principles include considering whether the overall outcome for New Zealand can be credibly defended.

This should be foremost in the decision makers mind when deciding or second person checking a visa application and is particularly pertinent when considering character issues.

Action:

Please ensure that all Immigration Officers processing residence and temporary entry class visas are familiar with this information and relevant character instructions.

Please consider reviewing branch 2PC processes to ensure that all 2PCers are satisfied that instructions have been applied correctly before co-signing decisions.