A5.45 Applicants normally ineligible for a temporary visa or permit

1. Applicants will not normally be issued with a temporary visa or granted a temporary permit, unless in accordance with A.5.45.1 below, where an applicant would pose a risk to New Zealand’s international reputation.
2. In particular (but not exclusively), applicants are considered to pose a risk to New Zealand’s international reputation if they have or have had an association with, membership of, or involvement with, any government, regime, group or agency that has advocated or committed war crimes, crimes against humanity and/or other gross human rights abuses.
3. A5.45 (b) does not mean that an applicant cannot be considered to pose a risk to New Zealand’s international reputation for any other reason.
4. Applications to which this provision applies must be determined in accordance with A5.45.1 below.

A5.45.1 Action

1. Visa and immigration officers may decline temporary visa and permit applications under A5.45 on character grounds. In determining whether to decline an application under A5.45 the surrounding circumstances of the application, including any family connections the applicant might have to New Zealand, are to be disregarded for the purposes of the decision.
2. Where A5.45 applies Officers may issue a temporary visa or grant a temporary permit to the applicant, provided all other policy requirements are met, if the applicant’s entry or stay in New Zealand is considered to be in the national interest.
3. Where A5.45 (b) applies, officers may consider the nature and extent of the applicant’s association with, membership of, or involvement with, the government, regime, group or agency. If the visa or immigration officer is satisfied beyond doubt that the nature and extent of the association, membership or involvement was minimal or remote then the officer may issue a temporary visa or grant a temporary permit to the applicant provided all other policy requirements are met.
4. Officers must make a decision in compliance with fairness and natural justice requirements (see A1).
5. Officers must record the reasons for their decision on this aspect of the character requirements.
6. Any decision to determine the application in accordance with A5.45 must be made by an officer with schedule 1 delegations.

Effective 29/05/2005