A5.30 Applicants normally ineligible for a residence or temporary entry class visa (risk to reputation)

1. Applicants will not normally be granted a residence class visa, or a temporary entry class visa as the case may be, where any applicant included in the application would pose a risk to New Zealand's international reputation, unless the visa is granted in accordance with A5.30.1(c) or (d) below.
2. In particular (but not exclusively), applicants are considered to pose a risk to New Zealand's international reputation if they have or have had an association with, membership of, or involvement with, any government, regime, group or agency that has advocated or committed war crimes, crimes against humanity and/or other gross human rights abuses.
3. A5.30 (b) does not mean that an applicant cannot be considered to pose a risk to New Zealand's international reputation for any other reason.
4. Applications to which this provision applies must be determined in accordance with A5.30.1 below.

A5.30.1 Action

1. An immigration officer may decline visa applications under A5.30 on character grounds.
2. In determining whether to decline an application under A5.30 the surrounding circumstances of the application, including any family connections the applicant or applicants might have to New Zealand, are to be disregarded for the purposes of the decision.
3. Where A5.30(b) applies, an immigration officer may consider the nature and extent of the applicant's association with, membership of, or involvement with, the government, regime, group or agency. If the immigration officer is satisfied that the nature and extent of the association, membership or involvement was or is minimal or remote, then the officer may grant a visa to the applicant(s) provided all other immigration instructions requirements are met.
4. Despite A5.30(b) above, where the applicant's (or applicants’) entry or stay in New Zealand is considered to be in the national interest and they have applied for a temporary entry class visa (other than under a Work to Residence category), an immigration officer may grant the visa to the applicant(s), provided all other relevant immigration instructions requirements are met.
5. An immigration officer must make a decision in compliance with fairness and natural justice requirements (see A1).
6. An immigration officer must record the reasons for their decision on this aspect of the character requirements.

Any decision to determine the application in accordance with A5.30 must be made by an immigration officer with Schedule 1-3 delegations.

Note: "Remote" in (c) above includes, but is not limited to, the passage of time since the applicant’s association with the relevant government, regime, group or agency ended.

Effective 02/07/2021