2014-Dec 12: Meaning of "material information" – in the context of character requirements

Visa Pak 192 - Information about meaning of "material information" – in the context of character requirements instructions, A5.25 & A5.45; section 34G of the 1987 Act, & section 58 of the current Act when assessing an application.

Visa Paks

12 December 2014

Meaning of "material information" – in the context of character requirements instructions, A5.25 & A5.45; section 34G of the 1987 Act, & section 58 of the current Act

The attached Judgment of the High Court of New Zealand – CIV-2014-404-001586 [2014] HZHC 2841, dated 14 November 2014 (pdf), is the result of an appeal under section 245 of the Immigration Act 2009 (the Act), against a decision of the Immigration and Protection Tribunal (the IPT), to dismiss the appellant’s appeal against Immigration New Zealand’s (INZ’s) decision to decline her Skilled Migrant Category residence application on character grounds for failing to declare material information on her earlier student visa application. The Judgment, which upholds the decision of the IPT is very helpful; not only in what amounts to “material information”, but in confirming it is not necessary that the information withheld, had it been known to the immigration officer would have or would likely to have resulted in a different decision.

Action

Read the Judgment of the High Court and associated IPT appeal decision and utilize them to inform decision making where a visa applicant has failed to declare material information in an application; or has failed to inform INZ of a material change in circumstances after their application was made.

Decisions | Ministry of Justice