A5.20 Applicants ineligible for a residence visa or permit

Immigration Act 1987 ss 7(1), 18

1. Any person described in section 7(1) of the Immigration Act 1987 must not be issued with a residence visa or granted a residence permit, and their application will be declined. The only exceptions are where:
   1. the person is otherwise eligible for the issue of a visa or the grant of a permit under Government residence policy (see S2), and
   2. a special direction under section 7(3)(a)(ii) of the Immigration Act 1987 has been given to that person, authorising the issue of a visa or the grant of a permit, or
   3. the person is the holder of a returning resident's visa who returns to New Zealand during the currency of that visa.

      Note: Persons described in section 7(1) must not be issued with a temporary visa or granted a temporary permit either (see A5.35).

2. Under section 7(1), the following people are not eligible for an exemption or permit:
   Any person-
   1. Who, at any time (whether before or after the commencement of the Act), has been convicted of any offence for which that person has been sentenced to imprisonment for a term of 5 years or more, or for an indeterminate period capable of running for 5 years or more; or
   2. Who, at any time within the preceding 10 years (whether before or after the commencement of the Act), has been convicted of any offence for which that person has been sentenced to imprisonment for a term of 12 months or more, or for an indeterminate period capable of running for 12 months or more; or
   3. Against whom a removal order is in force; or
   4. Who has been deported-
      • From New Zealand, at any time, under this Act; or
      • From New Zealand, at any time within the preceding 5 years, pursuant to section 20 of the Immigration Act 1964 following conviction for an offence against any of the provisions of that Act except section 22A(1); or
      • From New Zealand, at any time, pursuant to an order for deportation made under section 22 of that Act; or
      • From New Zealand, at any time (whether before or after the commencement of this Act), pursuant to any other enactment, except section 158 of the Shipping and Seamen Act 1952 (as repealed by section 151(1) of the Act); or
      • From any other country, at any time (whether before or after the commencement of the Act); or
   5. Who the Minister has reason to believe-
      • Has engaged in, or claimed responsibility for, an act of terrorism in New Zealand; or
      • Is a member of or adheres to any organisation or group of people that has engaged in, or has claimed responsibility for, an act of terrorism in New Zealand; or
   6. Who the Minister has reason to believe-
      • Has engaged in, or claimed responsibility for, an act of terrorism outside New Zealand; or
      • Is a member of or adheres to any organisation or group of people that has engaged in, or has claimed responsibility for, an act of terrorism outside New Zealand and whose presence in New Zealand would, for that reason or for any other reason, constitute, in the opinion of the Minister, a threat to public safety; or
   7. Who the Minister has reason to believe is likely-
      • To engage in, or facilitate the commission of any act of terrorism; or
      • To commit an offence against the Crimes Act 1961 or the Misuse of Drugs Act 1975; or
   8. Who the Minister has reason to believe, in light of any international circumstances, is likely to constitute a danger to the security or public order of New Zealand; or
   9. Who the Minister has reason to believe is a member of or adheres to any organisation or group of people which has criminal objectives or which has engaged in criminal activities, and whose presence in New Zealand would, for that reason or any other reason, constitute, in the opinion of the Minister, a threat to the public interest or public order.
3. Paragraphs (a) and (b) above apply:
   1. Whether the sentence is of immediate effect or is deferred or is suspended in whole or in part:
   2. Where a person has been convicted of 2 or more offences on the same occasion or in the same proceedings, and any sentences of imprisonment imposed in respect of those offences are cumulative, as if the offender had been convicted of a single offence and sentenced for that offence to the total of the cumulative sentences:
   3. Where a person has been convicted of 2 or more offences, and a single sentence has been imposed in respect of those offences, as if that sentence had been imposed in respect of a conviction for a single offence.

Effective 26/07/1999