A1.5 Fairness

1. Whether a decision is fair or not depends on such factors as:
   • whether an application is given proper consideration;
   • whether the applicant is informed of information that might harm their case (often referred to as potentially prejudicial information);
   • whether the applicant is given a reasonable opportunity to respond to harmful information;
   • whether the application is decided in a way that is consistent with other decisions;
   • whether appropriate reasons are given for declining an application;
   • whether only relevant information is considered;
   • whether all known relevant information is considered.
2. How much fairness a visa or immigration officer must bring to bear in deciding an application may depend on the consequences of the decision for the applicant.

Example: A person who applies for a temporary visa for the first time has less to lose from having the application declined than, for example, a person who has been legally resident in New Zealand for a number of years and is applying for a returning residents' visa.

Effective 26/07/1999