Y6.1 Cancellation of visa for administrative error

See also Immigration Act 2009 ss 8, 67, 107, 115

See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010, reg 34

1. An immigration officer may cancel a visa that the officer believes on reasonable grounds was granted as a result of an administrative error if—
   1. the person has not left the arrival hall of the airport or port at which he or she arrived in New Zealand; or
   2. the visa was granted to a person in an immigration control area and the person is still in the immigration control area.
2. If a visa is cancelled as outlined in (a) above, such a cancellation will take effect immediately and be entered into the Ministry’s records.
3. A visa is granted as a result of an administrative error if—
   1. it is granted to a New Zealand citizen (unless the person is a New Zealand citizen entering New Zealand in the circumstances described in section 13(4)(b)); or
   2. it is granted to an excluded person (unless section 17 applies); or
   3. the person granting it intended to grant a visa of a type other than the one that was actually granted; or
   4. it is granted for a period exceeding the period specified in immigration instructions for visas of that type (unless the Minister or an immigration officer deliberately and properly granted it as an exception to the immigration instructions); or
   5. it is granted on the basis of the person holding a visa that was granted as a result of an administrative error; or
   6. it is granted contrary to:
      • a special direction; or
      • immigration instructions (unless the Minister or an immigration officer deliberately and properly granted it as an exception to immigration instructions); or
      • an instruction of a kind referred to in section 378(7).
   7. it is granted on the basis of an administrative error (of any of the types in (c)(i) to (v) above) in determining an earlier application for a visa.
4. If a visa is cancelled for administrative error, then entry permission, if granted, has no effect and the person is liable for turnaround.

Effective 02/02/2015