A24.15 Assessing and deciding an application for a residence class visa in instances of false, misleading or withheld information

1. In accordance with section 58(6) of the Immigration Act 2009, 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 section 58(3) applies between the time of making the application and the time of a decision on the application.
2. A decision, under section 58(6), in respect of a residence class visa application that false or misleading information has been provided does not require an immigration officer to determine whether or not the applicant personally:
   1. knew that the information was false or misleading; or
   2. knew that such information was provided to INZ (for example by their agent); or
   3. intended to deceive INZ through their actions or inaction.
3. A decision, under section 58(6), that relevant information has been withheld, requires an immigration officer to be satisfied that the applicant, or their agent, knew that information.
4. A decision that relevant information has been withheld does not require an immigration officer to be satisfied the applicant personally intended to withhold information, or deceive INZ. It also does not require an immigration officer to determine that the information, if previously known by INZ, would necessarily have led to a decline decision.
5. In cases where an applicant has an agent acting on their behalf, a decision that false or misleading information has been provided does not require an immigration officer to determine that the agent knew that the information was false or misleading.
6. Applications for a residence class visa with false, misleading or withheld information will normally be declined.
7. Despite (f), an immigration officer must not decline an application with false, misleading or withheld information without considering the circumstances of the application.

Notes:

- For the purposes of A24.15(c)(d) and (f), ‘withheld information’ includes an instance where there has been failure to advise of a material change of circumstances.

- A24.15(f) cannot be used to decline an application for a residence class visa where the proposed ground for declining it is false, misleading or withheld information in a previous application. In such a case, an immigration officer must follow the instructions at A5.25.

Effective 23/03/2026