E8.1 Granting a visa under section 61 (29/11/2010)
See also Immigration Act 2009 ss 11, 20, 61
- The Minister may at any time, of his or her own volition, grant a visa of any type to a person who is:
- in New Zealand unlawfully; and
- not a person in respect of whom a deportation order is in force under the Immigration Act 2009; and
- not subject to a removal order or a deportation order under the Immigration Act 1987.
- The Minister's power to grant a visa in a special case is delegated to immigration officers with Schedule 1-3 delegations.
- Officers must make decisions on the merits of the individual case balanced against the public interest, and current immigration instructions are relevant but not a deciding factor.
- No person who is unlawfully in New Zealand may apply for a visa under section 61 and, where any such person purports to apply for a visa, a decision to grant a visa under E8.1 (a) is at the absolute discretion of the Minister or delegated officer.