E4.75 Obligation to inform of all relevant facts, including changed circumstances (to 25/09/2023)
Note: These instructions cease to be effective from 25 September 2023. Equivalent instructions are now found at A24.
See also Immigration Act 2009 ss 58, 157
- It is the responsibility of an applicant for a visa to ensure that all information, evidence, and submissions that the applicant wishes to have considered in support of the application are provided when the application is made.
- The Minister or immigration officer considering the application:
- is not obliged to seek any further information, evidence, or submissions; and
- may determine the application on the basis of the information, evidence, and submissions provided; and
- in accordance with the principles of fairness and natural justice, (see A1), will give the applicant the opportunity to comment before a decision is made on the basis of any potentially prejudicial information that they are not necessarily aware of.
- It is also the responsibility of an applicant for a visa to inform the Minister or an immigration officer of any relevant fact, including any material change in the circumstances that occurs after the application is made, if that fact or change in circumstances:
- may affect the decision on the application; or
- may affect a decision to grant entry permission in reliance on the visa for which the application is made.
- Without limiting scope of the expression ‘material change’ in circumstances in E4.75 (c), such a change may relate to the applicant or another person included in the application, and may relate to any matter relevant to the Immigration Act 2009 or immigration instructions.
- Failure to comply with the obligation set out in E4.75 (c) amounts to concealment of relevant information for the purposes of section 157 of the Immigration Act 2009.
- It is sufficient ground for the Minister or an immigration officer to decline to grant a visa to a person if the Minister or officer is satisfied that the person:
- whether personally or through an agent, in applying for the visa submitted false or misleading information or withheld relevant information that was potentially prejudicial to the grant of the visa; or
- did not ensure that an immigration officer was informed of any material change in circumstances to which E4.75 (c) applies between the time of making the application and the time of a decision on the application.