Y4.1 Visas granted as a result of administrative error (29/11/2010)

See also Immigration Act 2009 ss 8, 64, 67, 68

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 because of an administrative error, if the visa was granted in the immigration control area and the person is still there, provided that the holder has not taken the visa out of the immigration control area. Such a cancellation will take effect immediately.
2. A visa is granted as a result of 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) of the Immigration Act 2009); or
   2. it is granted to an excluded person, unless section 17 of the Immigration Act 2009 applies; or
   3. the person granting it intended to grant a visa of some 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 deliberately and properly granted as an exception); or
   5. it is granted contrary to:
      • a special direction; or
      • immigration instructions (unless the Minister of Immigration 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) of the Immigration Act 2009; or
   6. it is granted on the basis of an administrative error (of any of the types in (b)(i) to (v) above) in determining an earlier application for a visa.
3. Customs staff designated as immigration officers may, at the border, cancel a visa granted in error and grant a new visa, in all cases. If, however, they believe that the person does not meet the requirements for entry to New Zealand the visa must not be cancelled but the matter must be referred to the duty immigration officer for investigation.
4. If after making inquiries, the duty immigration officer is satisfied that such a person does meet entry requirements, the officer should cancel the visa granted in error and grant the correct visa.
5. If an immigration officer is not satisfied that the person meets visa requirements, an appropriately delegated immigration officer may give a special direction under regulation 34 of the Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010 to waive any requirements for entry permission and the person may be granted a visa if, after making enquiries and interviewing the person, the officer is satisfied that:
   1. there are compelling reasons why the person does not meet the entry requirements; and
   2. the person has a genuine reason for visiting New Zealand; and
   3. there is no other impediment to the grant of a visa and entry permission.
6. If appropriate, the immigration officer should also consider enabling the person to meet entry requirements through purchasing tickets or arranging sponsorship.
7. If a person is to be refused entry the visa must be cancelled on the basis that it was issued in contravention of immigration instructions.
8. If a temporary entry class or resident visa granted in error is cancelled and the person is still within the immigration control area where the error was made and discovered, the provisions of section 115 of the Immigration Act 2009 will apply, unless some other visa has been granted.

Effective 29/11/2010