R5.20 Assessment of applications

1. Immigration officers need only assess applications under the category the principal applicant nominates.
2. Officers are not obliged to seek further information to determine whether the principal applicant may be eligible under another category.
3. However, officers should request further information to enable the application to be assessed under another category if:
   1. an application does not meet the criteria for approval under the category in which it was made; and
   2. information contained in the application form or accompanying documents clearly indicates that the principal applicant may be eligible under that other category.

Note: In the event a nominated category requires an invitation to apply, a person can be considered for the grant of a visa under that category only if they have received such an invitation and apply under the category within the specified timeframe in the letter of invitation. See section 71(2) of the Immigration Act 2009 and RA5(c).

R5.20.1 Further information

1. Further information may be submitted at any time before a final decision is made on an application. Immigration officers must take into account any relevant information submitted by applicants before a final decision is made.
2. Immigration officers should also take into account any relevant information held about previous applications.
3. If applicants do not respond within the specified time to a request from an immigration officer for further information, evidence or documents, or an interview, the application may be assessed on the relevant information then available to INZ, unless it is reasonable to enquire further.

R5.20.5 Potentially prejudicial information

In accordance with the principles of fairness and natural justice set out in the Administration chapter (A1), applicants for a residence class visa will be given the opportunity to comment before a decision is made to decline to grant a visa on the basis of any potentially prejudicial information that they are not necessarily aware of.

R5.20.10 Documenting decisions

All immigration officers must observe the following procedures to ensure that decisions on applications for a residence class visa are properly documented:

1. make all file records (particularly file notes and instructions) accurate, clear, complete and factual; and
2. give all decisions on applications in writing to applicants (or their representatives); and
3. state the full reasons for the decisions (without prejudicing any risk profiles); and
4. if an applicant does not meet the criteria set out in the instructions on several grounds, the letter declining their application must state why the applicant fails on each count.

Effective 25/09/2023