17 Mar 2017

Immigration NZ issues staff guidelines on visa approval

10:10 am on 17 March 2017

Immigration New Zealand has warned staff to remember their obligations when they are pressured or coerced while handling visa applications.

Navneet Singh was refused a second visa, after some inaccurate information was revealed in relation to his first visa application.

Photo: 123RF

The immigration service said it wanted to set out clear guidelines for cases where staff felt applicants or their representatives had "crossed the line".

In a memo to staff, it said immigration officers may come under pressure to approve visas which did not meet immigration instructions.

It reminded warranted immigration officers (IO) of their statutory obligations to make decisions that reflected their assessment of applications.

"Where an IO feels that they are being pressured or coerced into making a decision that they do not agree with and/or does not meet instructions then they must raise this with their Immigration Manager or another manager who they feel comfortable approaching.

"Any manager who is approached should look into the situation carefully and discuss the next steps with their Operations Manager."

The area manager of operations support for visa services, Darren Calder, said he did not think it was a big or increasing problem, but with more visa decisions being made there were more chances of pressure being applied to decision-makers.

"We expect lawyers and advisers and advocates to lobby on behalf of their clients but I guess this is where that crosses the line.

"This is just around where there is more pressure than just a supporting document or it's actually pressure to approve or if you don't approve this then there'll be implications for an applicant.

"So that could be just intense conversations, it could be as simple as threats of media involvement, lobbying the local Member of Parliament or the Minister of Immigration or the implications of letters of complaint.

"I don't think threat is the right word, this is just around where there is pressure to make a [positive] decision, either real or perceived."

Mr Calder said the immigration service did not keep statistics about the number of cases where staff had reported feeling under pressure.

He said the advice sent to staff was designed to set clear guidelines for them in cases where they may feel under pressure from applicants, lawyers or immigration agents.

Visas can be reviewed if pressure is suspected.

"There's a number of opportunities to review the decision post-decision in terms of did it meet government instructions, was it administrative error or have we been given false or misleading information for example," Mr Calder said.

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