2013-Dec 20: Accepting applications for lodgement from excluded persons - Update

Visa Pak 142: Guidelines for staff who are processing applications for lodgement from excluded persons

Visa Paks

20 December 2013

Accepting applications for lodgement from excluded persons - Update

This is an amendment to the advice "Accepting applications for lodgement from excluded persons” published on 28 November 2013.

Background

The advice stated ‘there is no function under which INZ can RFL an application for any reason other than not meeting lodgement requirements. Section 15 of the Immigration Act 2009, Excluded persons, states "no visa or entry permission may be granted,…". It does not preclude the excluded person from lodging an application and INZ must accept that application if lodged correctly.’

However if a person falls under S150(2) or S169(1) of the Immigration Act 2009, they must be RFLed as they do not have the right to apply for a visa. This also applies to a person who holds a Limited visa and cannot apply for a visa of a different class or type while in New Zealand.

Process

The following process for handling applications lodged by excluded persons is based on legal advice.

When an application from an excluded person is lodged please apply the following process, (unless the applicant falls under either S150(1) or S169(2) of the Immigration Act 2009 or are in New Zealand of a Limited Visa then they must be RFLed).

  • An excluded person lodges an application, that meets all lodgement requirements
    • The application must be accepted and processed
  • An excluded person lodges an application that does not meet lodgement requirements
    • The application can be RFLed

There is no need to issue a Special Direction to accept an application from an excluded person as we are legally required to accept it if it meets lodgement requirements.

If INZ accepts an application from an excluded person it must be placed in the queue (if applicable) and handled in the same manner as any other application.

If an application is accepted for assessment then the officer should PPI the applicant about their "excluded person status", and either decline the application (as per section 15 of the Immigration Act) or grant a special direction (as per section 17 of the Immigration Act).

Action

Please ensure staff are aware of this amended advice when dealing with applications being lodged from excluded persons.