E3.45 Cancellation of visa for administrative error

See also Immigration Act 2009 ss 8, 67

An immigration officer may cancel a visa that the officer believes on reasonable grounds was granted as a result of an administrative error if:

1. The visa was granted to a person in a designated place where entry permission may be granted under section 383 of the Immigration Act 2009; and
   1. the person is still in the designated place; or
   2. the person has not left the arrival hall of the airport or port at which he or she arrived in New Zealand; or
2. The visa was granted to a person in an immigration control area, or an office of the Department, in New Zealand and the person is still in the control area or office; or
3. Advice of the grant of the visa has not been sent or given to the person concerned, in any other case.
4. A visa is granted as a result of an administrative error if:
   1. it is granted to a New Zealand citizen (unless the person is a New Zealand citizen entering New Zealand in the circumstances described in section 13(4)(b) of the Immigration Act 2009); or
   2. it is granted to an excluded person (unless section 17 of the Immigration Act 2009 making an exception to the non-eligibility for a visa criteria applies) (see A5.40); or
   3. the person granting it intended to grant a visa of a type other than the one that was actually granted; or
   4. it is granted for a period exceeding the period specified in immigration instructions for visas of that type (see E3.10) (unless the Minister or an immigration officer deliberately and properly granted it as an exception to the immigration instructions); or
   5. it is granted on the basis of the person holding a visa that was granted as a result of an administrative error; or
   6. it is granted in contravention of:
      • a special direction; or
      • immigration instructions (unless the Minister or an immigration officer deliberately and properly granted it as an exception to immigration instructions); or
      • an instruction of a kind referred to in section 378(7) of the Immigration Act 2009 which limits or affects the powers of the Minister to give all such instructions to the chief executive as the Minister thinks fit in the ordinary course of the administration of the immigration portfolio and of the Immigration Act 2009.
5. Entry permission is granted as a result of an administrative error if:
   1. it is granted to a New Zealand citizen (unless the person is a New Zealand citizen entering New Zealand in the circumstances described in section 13(4)(b) of the Immigration Act 2009); or
   2. it is granted to an excluded person (unless section 17 of the Immigration Act 2009 making an exception to the non-eligibility for a visa criteria applies) (see A5.35); or
   3. it is granted in contravention of:
      • a special direction; or
      • immigration instructions (unless the Minister or an immigration officer deliberately and properly granted it as an exception to immigration instructions); or
   4. it is granted on the basis of, or in conjunction with:
      • a visa that was itself granted on the basis of an administrative error; or
      • a visa that was granted for a period exceeding the period specified in immigration instructions for a visa of that type (unless the Minister or an immigration officer deliberately and properly granted the visa as an exception to the immigration instructions); or
      • a visa of a class or type other than that intended to be granted.

Effective 29/11/2010