2016-May 27: Considering client alerts and warnings when assessing visa applications

Visa Pak 261 - Clarification for staff about how to consider client alerts and warning while assessing an applications.

Visa Paks

27 May 2016

Considering client alerts and warnings when assessing visa applications

Previously, staff processing visa applications were required to read the details of all AMS alerts and warnings, whether active, suspended, deleted or expired, and record in AMS how the information was considered relevant or not relevant to the visa application being processed. As a consequence, staff were referring to alerts and warnings that in some cases were inaccurate, out of date, or no longer relevant.

Immigration New Zealand (INZ) has undertaken a review of this advice and released Internal Administration Circular IAC 16-01 – Guidelines on AMS Alerts and Warnings, which replaces the previous IAC 14-02. A summary of the main changes is as follows:

  1. Deleted AMS alerts and warnings may usually be disregarded and need not form part of a visa application assessment. This is because the information within the alert/warning has been robustly assessed by INZ, and a conclusion has been reached that the alert is no longer necessary.
  2. Staff should continue to assess expired AMS alerts and warnings and consider whether the information remains valid. This is because expired alerts and warnings (unlike deleted ones) have not been reassessed by INZ for relevance before they automatically expire.
  3. If information in an active or suspended alert/warning is no longer valid, staff members with the appropriate delegated access may delete the alert/warning (or otherwise amend it as appropriate). There MUST be detailed notes in AMS explaining the reasons for any deletion (or amendment). If there are no notes, or the reasons for deletion are not clear, staff may:
    1. escalate the application to their Manager for further advice
    2. contact the author of the alert or warning (or the relevant manager if the author is no longer available) for clarification. Staff should include notes in AMS detailing any consultation undertaken.
  4. Immigration Officers at the Palmerston North Area Office may now authorise Termination of Student Enrolment branch warnings. These alerts are placed in AMS after INZ receives a termination notice from an education provider.
  5. Alerts and warnings relating to licensed immigration advisers, lawyers or employers should not be released to clients who request their personal information under the Privacy Act 1993. The information contained in these alerts relates to the adviser/lawyer/employer, not the client, and may therefore be withheld under s29(1)(a) of the Act (i.e. its disclosure would involve the unwarranted disclosure of the affairs of another individual).

Action

Please discuss with your team(s), and ensure that staff are aware of IAC 16-01 and follow the new guidelines.