Y6.5 Making a decision to cancel a visa on the basis of administrative error

1. An immigration officer must attempt to interview the person, before cancelling the visa on the basis of administrative error. The immigration officer must have regard to the principles of fairness and natural justice (see A1).
2. An immigration officer must consider all of the surrounding circumstances, including factors both for and against the cancellation of the visa 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.
3. An immigration officer must also consider the effect of international conventions as outlined in Y5.20.
4. An immigration officer must record reasons for the decision to cancel a visa on the basis of administrative error and enter those reasons into the Ministry’s records.

Effective 02/02/2015