2016-Jul 22: Receiving Section 61 Requests

Visa Pak 269 - Advice for staff about receiving a Section 61 request and where to refer them.

Visa Paks

22 July 2016

Receiving Section 61 Requests

Section 61 requests are very different to normal visa applications, and this has led to some confusion and inconsistency among Immigration New Zealand (INZ) offices about the process for receiving them and what to tell customers. This advice seeks to provide some guidance on section 61 requests.

Reminder of section 61 framework

 A person who is unlawful does not have the right to apply for a visa, but section 61 allows us to grant one “in a special case”. These decisions are made using absolute discretion, and therefore no instructions apply.

This means that we do not have consider a section 61 request, and whether we decide to refuse or grant a visa we do not have to give any reasons.

Some points to remember:
•Instructions do not apply, so you will not see an assessment against instructions in AMS.
•INZ can request further information, but there is no requirement to seek further information or to PPI like we do for a visa application (any additional information will be requested by the Section 61 Team).
•Brief reasons for the decision are recorded in the “decision record” which is saved as a template. It is not copied into AMS notes, but you can read it from the template letter system.
•The decision record states whether it can be released to the client. Please do not release a decision record unless the record states it can be released or you have consulted with the Section 61 Team.
•Section 61 allows us to grant visas of any type. Clients may not necessarily be granted the type of visa they have asked for.

Process for receiving offices

 A Standard Operating Procedure for receiving section 61 requests is currently being developed and will be communicated when complete. A few reminders in the meantime:
•Any time a client who does not hold a visa tries to make an application or requests a visa under section 61, it should be tendered as a section 61 request and forwarded to the Manukau Area Office.
•Do not RFL these requests even if they have not met all the mandatory lodgement requirements for the type of visa they are requesting. There are no mandatory lodgement requirements for section 61 requests.
•The fact that a request has been tendered in AMS does not mean it has to be considered. The section 61 officer may decide to refuse to consider it.
•Section 61 requests cannot include secondary applicants. It is one request per person. Where there is more than one person covered in the request you must raise a separate request for each person in AMS.
•Do not take any fee payment. Fees are only payable if a visa is granted under section 61.

Action

Please discuss with your team(s).