2 April 2024
Immigration New Zealand (INZ) is revising its approach to addressing false or misleading information in visa applications
Effective September 25, 2023, immigration officers will begin implementing section 58(6) of the Immigration Act. This provision authorises officers to refuse visa grants if applicants (or their representatives) provide false or misleading information or withhold pertinent details.
Utilising this section underscores Parliament’s expectation of transparent and accurate application submissions, safeguarding the integrity of the immigration system.
Importantly, section 58(6) does not mandate proof of intentional deception for application refusal.
Immigration officers will be guided to assess contextual factors before making decisions on applications.
In cases where individuals previously submitted false or misleading information or omitted relevant details, future visa applications will be evaluated based on character-related immigration instructions.
These instructions will be updated to clarify that proving intentional deception is not a prerequisite for character-related concerns in subsequent applications, aligning with the Immigration Act’s stance on addressing false, misleading, or withheld information.
Applicants failing to meet character requirements may still be considered for character waivers before decisions are made. Officers will consider the significance of false or misleading information, applicant intentions, involvement, and other factors outlined in character instructions.
As part of these revisions, INZ has streamlined the character waiver process for all character-related issues.
The updated process standardizes by issuing a single Potentially Prejudicial Information letter, soliciting comments on the character issue and reasons for granting a waiver, instead of two separate communications.
In cases where false information in previous visa applications is linked to credible reports of migrant exploitation, immigration officers may disregard such incidents under existing character instructions for temporary visa applications. This provision will be integrated into character instructions for resident visas alongside other updates on September 25.
These adjustments aim to ensure fair and accurate visa processing, upholding the integrity of New Zealand’s immigration system.
