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Y5.5 Making a decision to refuse to grant entry permission or revoke entry permission on the basis of administrative error

  1. An immigration officer must attempt to interview a person before deciding to:
    1. refuse to grant the person entry permission; or
    2. revoke the person’s entry permission on the basis of administrative error.
  2. The immigration officer must have regard to the principles of fairness and natural justice (see A1).
  3. When making the decision, an immigration officer must consider all of the surrounding circumstances, including factors both for and against the grant of entry permission such as:
    1. whether the person has compelling and genuine reasons to enter New Zealand; and
    2. whether the person can take any action to meet the requirements for a visa and/or entry permission; and
    3. whether there is any other impediment to the grant of a visa and entry permission.
  4. An immigration officer must record reasons for the decision to refuse entry permission or revoke entry permission and enter those reasons into the Ministry’s records.

Effective 02/02/2015

IN THIS SECTION

Y5.1 Revocation of entry permission for administrative error

Y5.10 Effect of refusal to grant entry permission and revocation of entry permission

Y5.15 Reasons for decisions to be given if visa or entry permission is refused or revoked to certain persons

Y5.20 Effect of international conventions on refusing entry permission or revoking entry permission on the basis of administrative error

Y5.25 Refugee status or protection claimants

PREVIOUS IMMIGRATION INSTRUCTIONS

Y5.5 Bona fide transit passengers (29/11/2010)

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