D8.15 Powers to revoke residence permits and returning resident's visas

Immigration Act 1987 ss 19, 20

1. The Immigration Act 1987 provides for a residence permit or returning resident's visa to be revoked by an immigration officer if any such permit is granted as the result of an administrative error and the error is discovered while the person is still in the arrival hall or INZ office.
2. An administrative error in granting a residence permit or returning resident's visa occurs if:
   1. it is granted to a New Zealand citizen or a person who is exempt under the Immigration Act 1987 from having to hold a permit; or
   2. it is granted to a person to whom section 7 of the Act applies; or
   3. the person granting it intended to grant a temporary permit of some type other than the residence permit that was actually granted; or
   4. it is granted in contravention of any special direction, or any instruction of a kind referred to in section 130(5) of the Act, or the Government residence policy applying at the relevant time; or
   5. it is granted on the basis of an administrative error in determining an earlier application for a visa or a permit.
3. The Minister of Immigration may revoke a residence permit or returning resident's visa on the following grounds at any time after the holder leaves the arrival hall:
   1. administrative error; or
   2. the permit was procured by fraud, forgery, false or misleading representation or by concealing relevant information; or
   3. the permit was granted to a person who had been the holder of a visa or another permit procured by fraud, forgery, false or misleading representation or by concealing relevant information; and that fraud, forgery, false or misleading representation or concealment of information would have affected the grant of residence or the issue of the returning resident's visa; or
   4. the permit was granted to a person who was, but is no longer, recognised, as a refugee in New Zealand, that earlier recognition having been gained through fraud, forgery, false or misleading representation or concealment of relevant information; or
   5. the holder of the permit or returning resident's visa has not met a requirement imposed under section 18A of the Immigration Act 1987 (see RA40, BI12, BE6.1).

Effective 04/07/2005