2013-Nov 29: Accepting applications for lodgement from excluded persons

Visa Pak 139 - Guidelines about consistent approach when accepting applications for lodgement from excluded person.

Visa Paks

29 November 2013

Accepting applications for lodgement from excluded persons

The Immigration and Protection Tribunal (IPT) have provided feedback to INZ that some applications have been incorrectly returned failed lodgements (RFL) at the lodgement stage because the applicant is an excluded person. This item is to provide a consistent approach when handling applications from excluded persons.

Background:

Under the Immigration Act, Regulations, and Instructions, there is no function under which INZ can RFL an application for any reason other than not meeting lodgement requirements. The requirements are prescribed in the Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010. These Regulations do not prevent an excluded person from lodging an application.

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.

Process:

Please apply the following process when an application from an excluded person is lodged:

  • 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).

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