R5.120 Automated processing and granting

See also Immigration Act 2009 s 28

R5.120.1 Automated processing of residence class visas

1. An automated electronic system may determine whether an applicant meets one or more of the requirements for a residence class visa under the following immigration instructions:
   • S6 2021 Resident Visa

R5.120.5 Automated grant of residence class visas

1. An automated electronic system may grant a residence class visa to an applicant who meets the requirements under the following immigration instructions:
   1. S6 2021 Resident Visa.
2. Despite (a), an automated electronic system will not grant a residence class visa to a person who:
   1. has particular alerts or warnings; or
   2. does not appear to meet health or character requirements; or
   3. has an active appeal; or
   4. is liable for deportation; or
   5. has on open case or appeal with the Deputy Secretary or the Minister; or
   6. is a student funded through the Ministry of Foreign Affairs and Trade or the New Zealand Scholarship Programme; or
   7. has compliance action underway; or
   8. holds a visa that has been granted because the Immigration and Protection Tribunal has ordered the grant of the visa under either section 210 or 216 of the Immigration Act 2009.
3. In cases where (b) applies, a manual assessment of the identified area will be carried out, and the decision to grant or refuse to grant a visa will be made by an immigration officer.
4. Where a decision is made by way of an automated electronic system that decision must for all purposes be treated as a decision of an immigration officer who is authorised to make the decision under the Immigration Act 2009.

Effective 01/03/2022