E5.10 Determining whether an applicant is a 'bona fide applicant'

1. When determining whether or not an applicant for a temporary visa or permit is a bona fide applicant, visa or immigration officers must take into account:
   1. all the evidence of genuine intent and lawful purpose submitted by the applicant (see E5.5.1), and
   2. the ability of the applicant to leave or be removed from New Zealand to their country of citizenship, including but not limited to:
      • any restrictions on the removal of the applicant to their country of citizenship, including any restrictions the New Zealand Government has self-imposed
      • the documentation required by the applicant to return to their country of citizenship; and
   3. any relevant information held about previous applications, including but not limited to:
      • whether the applicant has previously overstayed
      • whether the applicant has previously breached visa or permit conditions
      • whether the applicant has dependants who are unlawfully in New Zealand; and
   4. the personal circumstances of the applicant, including but not limited to:
      • the strength of any family ties in the home country and New Zealand
      • the nature of any personal, financial, employment or other commitments in the home country and New Zealand
      • any circumstances that may discourage the applicant from returning to their home country when any permit expires.
2. 1. Having taken into account all matters in paragraph (a) above that are relevant to the particular case, the type of temporary visa or permit applied for, and any other relevant information, visa or immigration officers must then determine whether or not an applicant is a bona fide applicant (see also E7.10 (Considering an application)).
   2. Where (a)(ii) applies, visa or immigration officers should consider whether there are compelling personal reasons for the applicant to be permitted entry to New Zealand.

Effective 29/05/2005