A24.1 Obligation on applicant to inform of all relevant facts including changed circumstances

See Immigration Act 2009 s 58

Note: This section includes a replication of section 58 of the Immigration Act 2009, and (at A24.5 and following) administrative instructions. None of the instructions in this section constitute immigration instructions certified under section 22 of the Immigration Act 2009.

1. It is the responsibility of an applicant for a visa to ensure that all information, evidence, and submissions that the applicant wishes to have considered in support of the application are provided when the application is made.
2. The Minister or immigration officer considering the application:
   1. is not obliged to seek any further information, evidence, or submissions; and
   2. may determine the application on the basis of the information, evidence, and submissions provided.
3. It is also the responsibility of visa applicants to inform an immigration officer of any relevant fact, including any material change in circumstances that occurs after an application is made, if that fact or change in circumstances:
   1. may affect the decision on the application; or
   2. may affect a decision to grant entry permission in reliance on the visa for which the application is made.
4. Without limiting the scope of the expression ‘material change in circumstances’ in (c) above, such a change may relate to the applicant or another person included in the application and may relate to any matter relevant to the Immigration Act 2009 or immigration instructions.
5. For the purposes of sections 157 and 158 of the Immigration Act 2009, an applicant is treated as having concealed relevant information if he or she fails to comply with the obligation in (c) above.
6. It is sufficient grounds for the Minister of Immigration or an immigration officer to decline to grant a visa to a person if the Minister or officer is satisfied that the person:
   1. whether personally or through an agent, in applying for the visa submitted false or misleading information or withheld relevant information that was potentially prejudicial to granting the visa; or
   2. did not ensure that an immigration officer was informed of any material change in circumstances to which (c) above applies between the time of making the application and the time of a decision on the application.

Effective 25/09/2023