2013-May 17: Exceptions to instructions

Visa Pak 112 - Clarification about when exceptions to instructions would be appropriate

Visa Paks

17 May 2013

Exceptions to instructions

E7.35 states that if an applicant has not met all of the requirements of the relevant immigration instructions, and an exception to instructions is not justified, the application must be declined.

E7.35.1 outlines the circumstances when an applicant in New Zealand may apply for a reconsideration of the decision to decline a further temporary entry visa. Applicants outside New Zealand do not have the ability to apply for a reconsideration of the decision to decline a temporary entry visa.

A recent complaint to the Ombudsman has highlighted an issue regarding the rationale used for deciding not to grant an exception to instructions for offshore Temporary Entry Class Visa applicants.

The fact that an applicant is outside New Zealand and therefore does not have the right to apply for a reconsideration, should never be a factor in why an exception to instructions is not considered to be justified.

Please discuss with staff and ensure that the right to apply for reconsideration is not a factor that is taken into consideration when deciding whether an exception to instructions is justified.