2017-Jan 20: Pressure Deciding Visa Applications

Visa Pak 293: Guidelines for when Immigration Officers feel pressured to make a decision on an application they do not agree with.

Visa Paks

20 January 2017

Pressure Deciding Visa Applications

From time to time immigration officers (IOs) may come under pressure to approve visas which do not meet immigration instructions.

IOs must not approve an application for a visa unless satisfied the relevant instructions for approving an application at either R5.30 or E7.30, as applicable, are met. IAC 09/12 titled “Documenting Involvement in the Decision Making Process” also provides guidance and reminds warranted immigration officers that, as statutory decision making officers under the Immigration Act, they are obliged to make decisions that reflect their assessment. 
 
While temporary visa instructions do allow for exceptions to instructions (ETIs), the IO must be able to justify why an ETI is appropriate and be satisfied it is the correct course of action. The rationale for any ETI must be contained within the IO’s written assessment and the fact that approval was by way of an ETI in the determination tab with AMS.

Where an IO feels that they are being pressured or coerced into making a decision that they do not agree with and/or does not meet instructions then they must raise this with their Immigration Manager or another manager who they feel comfortable approaching.

 Any manager who is approached should look into the situation carefully and discuss the next steps with their Operations Manager.