BM2.1 Applications usually deferred

1. Applications under business instructions will usually be deferred for up to six months if, at the time the application is assessed the applicant:
   1. has been charged with any offence which, on conviction, would result in the applicant failing to meet BM2(a)(ii) apply to that person; or
   2. is under investigation for such an offence.
2. Where BM2.1(a) applies at the time an application under business instructions is assessed, an immigration officer must:
   1. defer the decision on the application for up to six months; and
   2. inform the applicant in writing of the decision to grant a deferral and the period of the deferral; and
   3. await the outcome of the charge or investigation.
3. If during the deferral period the investigation is completed with no further action taken or any case that resulted from charges or investigation is resolved, an immigration officer must continue processing the application and apply the fit and proper person instructions as per BM2; and
4. If the charge or investigation is still outstanding, or subsequent charges have been laid, when the deferral period is coming to an end, the application should be referred to a Head of Operations or Visa Operations Manager for their decision on whether to impose a second or subsequent deferral as per BM2.1.1.

BM2.1.1 Second and subsequent deferral periods

1. In cases where the deferral period is coming to an end and the applicant is still awaiting the outcome of the charge or investigation, a second or subsequent deferral period may be imposed.
2. A decision on a second or subsequent deferral will only be made after appropriate consultation with Operations Support - Border and Visa Operations and the Legal Services of the Ministry of Business, Innovation and Employment about:
   1. whether a second or subsequent deferral is justified in the circumstances; and
   2. whether the deferral period is reasonable, given the likely timeframe of any outcome being reached and the efforts the applicant is making to reach an outcome.
3. A decision to grant a second deferral must be made by a Head of Operations or Visa Operations Manager or above.
4. If the applicant is still awaiting the outcome of the charge or investigation by the end of the second deferral period, the Head of Operations or Visa Operations Manager may impose a subsequent deferral under the provisions at BM2.1.1.
5. The length of the subsequent deferral period will be decided according to how long it is expected for a decision on the charge or investigation will take.
6. The applicant must be informed in writing of any decision to impose a second or subsequent deferral and the period of the deferral.

Effective 07/09/2020