A23.1 Overview and legal framework
See also Immigration Act 2009 ss 11, 20, 61
- The Minister may, at any time, grant any type of visa to a person who is:
- unlawfully in New Zealand; and
- not a person in respect of whom a deportation order is in force.
- The Minister's power to grant a visa in a special case has been delegated to officers with Schedule 3 delegations or above.
- As the grant of a visa under section 61 is a matter of absolute discretion, no person has the right to apply for a visa under section 61, and if a person purports to make such an application by requesting the grant of a visa under section 61:
- the Minister or delegated immigration officer is not obliged to consider the request; and
- the Minister or delegated immigration officer is not obliged to make further enquiries or inquire into the circumstances of the person or any other person; and
- whether a request is considered or not, the Minister or immigration officer is not obliged to give reasons for any decision on it, other than that section 11 applies; and
- privacy principle 6 (which relates to access to personal information and is set out in section 6 of the Privacy Act 1993) does not apply to any reasons for any decision relating to the purported application; and
- section 23 of the Official Information Act 1982 and section 27 of the Immigration Act 2009 (concerning the right of access to reasons for decisions) do not apply.
- In simple terms people who make requests under section 61:
- have no right to apply for a visa under it;
- have full responsibility for ensuring that any and all information that might potentially be considered in any exercise of the section 61 discretion is put forward with their request;
- have no right to have their request considered;
- if their request is considered, have no right to be told why a particular decision was reached;
- if their request is considered, have no right to have it considered against any particular immigration instructions.