A5.50 Applicants normally ineligible for a temporary entry class visa (to 02/07/2021)
Note: These instructions cease to be effective from 2 July 2021. Equivalent instructions are now found at A5.30.
- Applicants will not normally be granted a temporary entry class visa, unless in accordance with A5.50.1 below, where an applicant would pose a risk to New Zealand's international reputation.
- 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.
- A5.50(b) does not mean that an applicant cannot be considered to pose a risk to New Zealand's international reputation for any other reason.
- Applications to which this provision applies must be determined in accordance with A5.50.1 below.
- An immigration officer may decline temporary entry class visa applications under A5.50 on character grounds. In determining whether to decline an application under A5.50 the surrounding circumstances of the application, including any family connections the applicant might have to New Zealand, are to be disregarded for the purposes of the decision.
- Where A5.50 applies, an immigration officer may grant a temporary entry class visa to the applicant, provided all other instructions requirements are met, if the applicant's entry or stay in New Zealand is considered to be in the national interest.
- Where A5.50(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 beyond doubt that the nature and extent of the association, membership or involvement was minimal or remote then the officer may grant a temporary entry class visa to the applicant provided all other instructions requirements are met.
- An immigration officer must make a decision in compliance with fairness and natural justice requirements (see A1).
- 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 A5.50 must be made by an immigration officer with Schedule 1-3 delegations.