E7.35 Declining an application for temporary entry

See also Immigration Act 2009 s 27

1. If an immigration officer is not satisfied that an applicant has met all of the requirements of the relevant immigration instructions for temporary entry, and that an exception to instructions is not justified, the officer must decline the application.
2. The immigration officer must give written reasons for declining the application to the applicant or their agent/adviser/representative.
3. Immigration officers must record the date that any letter advising that the application has been declined is sent.

E7.35.1 Right of reconsideration if onshore application for temporary visa declined

See also Immigration Act 2009 ss 14, 185
See also Immigration (Visa, Entry Permission, and Related Matters Regulations 2010 reg 14

1. An applicant in New Zealand may apply in the prescribed manner for a reconsideration of the decision to decline a further temporary visa if, and only if:
   1. the Minister did not make the decision to decline the application; and
   2. the application for reconsideration is made not later than 14 days after the date on which the applicant received notice of the decision to decline the further visa; and
   3. the applicant is lawfully in New Zealand at the time of the application for reconsideration.
2. The decision to decline the visa application must be reconsidered by another immigration officer of equal grade or senior to the one who made the decision, or by the Minister.
3. Applications for reconsideration should be considered against the temporary entry instructions applying to the original application, as well as against an 'exception to instructions' consideration (see E7.10(b)).
4. The application fee for reconsideration and the applicant's passport or certificate of identity must accompany the written request.
5. The written request must be completed in English, contain a full explanation of the matters that the applicant wishes to be taken into consideration.
6. The immigration officer (or the Minister) responsible for reconsidering the declined application to which this application relates may, before determining the application, require the applicant to produce further information or evidence (including photographs) that the officer (or the Minister) thinks necessary for him or her to determine the application.
7. The fact that an application for reconsideration has been made under this section does not entitle the applicant to remain in New Zealand after the expiry of their current temporary visa, but, until the application for reconsideration has been determined or withdrawn, the person may not be deported.
8. The result of any reconsideration under this section of a decision to decline an application for a further temporary visa is final and conclusive, and no further application for reconsideration of that decision may be made.
9. If the decision to decline the visa application is confirmed and no visa is granted following the reconsideration, an immigration officer must inform the applicant, in writing of;
   1. the decision; and
   2. in the case of an applicant who still holds a visa, the date on which the person is obliged to leave New Zealand; and
   3. in the case of an applicant who no longer holds a visa;
      • the fact that the person is already obliged to leave New Zealand; and
      • the fact that the person may appeal on humanitarian grounds against his or her liability for deportation not later than 42 days after the date on which the person received confirmation of the decision to decline the visa application.
10. While not legally obliged to reconsider offshore declined applications for a temporary visa, immigration officers may do so if new and compelling information is promptly provided.

Effective 06/07/2015