A5.40 Applicants normally ineligible for a temporary visa...

A5.40 Applicants normally ineligible for a temporary visa or permit unless granted a character waiver

Applicants who will not normally be issued with a temporary visa or granted a temporary permit, unless granted a character waiver include any person who:

1. has been convicted at any time of an offence against the immigration, citizenship or passport laws of any country; or
2. in the course of applying for a New Zealand visa or permit, has made any statement or provided any information, evidence or submission that was false, misleading or forged, or withheld material information; or
3. at the time of application,
   1. has been charged with an offence, which on conviction, would make section 7(1) of the Immigration Act 1987 apply to that applicant, or
   2. is under investigation for such an offence, or
   3. is wanted for questioning about such an offence; or
4. has been convicted at any time of any offence for which they have been imprisoned; or
5. in support of any application by another person for a New Zealand visa or permit, has made any statement or provided any information, evidence or submission that was false, misleading or forged.

Note: When considering whether or not an applicant has committed an act that comes under A5.40 (b) or (e) above, visa and immigration officers should establish whether, on the balance of probabilities, it is more likely than not that the applicant committed such an act.

A5.40.1 Action

Visa and immigration officers must:

1. not automatically decline the application; and
2. if applicable consider, the significance of the false, misleading or forged information provided, or information withheld, and whether the applicant is able to supply a reasonable and credible explanation or other evidence indicating that in supplying or withholding such information they did not intend to deceive the NZIS;
3. consider whether the applicant's reason for travel to New Zealand, and any surrounding circumstances, are compelling enough to justify making an exception to the character requirement, taking into account the public interest; and
4. record reasons for deciding whether to waive or decline to waive the good character requirements; and
5. if they decide to decline the application, raise an 'Alert' against the applicant.

Effective 31/03/2008