A1.5 Fairness

1. Whether a decision is fair or not depends on such factors as:
   • whether an application is given proper consideration;
   • whether the applicant is informed of information that might harm their case (often referred to as potentially prejudicial information);
   • whether the applicant is given a reasonable opportunity to respond to harmful information;
   • whether the application is decided in a way that is consistent with other decisions;
   • whether appropriate reasons are given for declining an application;
   • whether only relevant information is considered;
   • whether all known relevant information is considered.
2. How much fairness an immigration officer must bring to bear in deciding an application may depend on the consequences of the decision for the applicant.

Example: A person who applies for a temporary visa for the first time has less to lose from having the application declined than, for example, a person who has been legally resident in New Zealand for a number of years and is applying for a permanent resident visa.

Effective 29/11/2010