H2.30 Determining an application (26/07/1999)

1. A visa or immigration officer may interview the principal applicant, those included in the application, or other parties involved in the application to verify the claims made by the applicant(s).
2. If serious physical harm is claimed, the visa or immigration officer will refer the relevant details of the case to the medical referee, including:
   1. medical reports, and
   2. other information supplied by the applicant, and
   3. interview reports.
3. If serious emotional harm is claimed, the visa or immigration officer will refer the relevant details of the case to the psychiatric referee, including:
   1. psychiatric reports, and
   2. other information supplied by the applicant, and
   3. interview reports.
4. The visa or immigration officer is not required to send an application to the medical or psychiatric referee if:
   1. they are satisfied that the policy criteria have been established on the evidence submitted, or
   2. application fails on a matter of policy that does not require a referee's comment.

      Example: there is no eligible family sponsor.

5. If the visa or immigration officer considers the information supplied by the applicant insufficient for a referee to make an assessment, they may request further information before making the referral.
6. If a referee has not provided reasons for their opinion (see H2.30.1 below), the visa or immigration officer must return the file to the referee and request full reasoning.
7. When determining applications, the visa or immigration officer must:
   1. take into account the opinion(s) of the medical or psychiatric referee and the information supplied by the applicant, and
   2. determine, having considered all the relevant evidence, both positive and negative, whether the criteria have been established, and
   3. record their own reasons for the decision reached, including reasons why they prefer the opinion of the referee if that is the case.
8. Before the visa or immigration officer makes any adverse decision based on the report(s) of the medical or psychiatric referee, they must give a copy of the relevant report to the principal applicant for comment (see A1 Fairness and natural justice). If appropriate, visa or immigration officers should also ask the principal applicant to obtain comment from the person who provided the report(s) required by H2.10.5.

H2.30.1 Role of the medical or psychiatric referee

1. The medical or psychiatric referee gives written opinions on:
   1. whether or not the physical or emotional harm is serious (H2.10.1); and
   2. whether or not, on the balance of probabilities, granting New Zealand residence to the principal applicant is the only reasonable solution to the serious physical or serious emotional harm, for medical or psychiatric or psychological reasons, and if so, why; and
   3. whether or not other solutions are reasonable.
2. The medical or psychiatric referee must give the basis and reasoning for that opinion.
3. If the medical or psychiatric referee considers that the case raises issues outside their area of expertise, they may refer the case to an appropriately qualified and experienced specialist for a further opinion.

   Note: Any further opinion must be in writing, giving the basis and reason for that opinion, and provided in a report separate from that of the medical or psychiatric referee. Fairness and natural justice provisions also apply (see H2.30(h) above)

Effective 26/07/1999