Immigration Act 2009

Core provisions and matters in relation to decision making - Reasons for decisions

27: Reasons for decisions must be given if visa or entry permission refused to certain persons

You could also call this:

“You can ask for written reasons if you're refused a visa or entry to New Zealand”

If you apply for a visa or entry permission while in New Zealand or at a border control area, you can ask for reasons if your application is refused. This applies to cases where you are not given a visa, not given the type of visa you wanted, or not allowed to enter New Zealand.

When you ask for reasons, the immigration officer or the Minister (if they made the decision) must explain why. They need to write down these reasons for you. The written reasons must include specific information, just like when you ask for official information from the government.

There are some cases where this rule doesn’t apply. These exceptions are explained in another part of the law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440622.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Government and voting > Government departments

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26: How claims and applications for visas and entry permission processed, or

“Processing rules for visa and entry permission applications and claims”


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28: Automated decision making in relation to visas, etc, or

“Computer systems can make decisions about visas and entry to New Zealand”

Part 2 Core provisions and matters in relation to decision making
Reasons for decisions

27Reasons for decisions must be given if visa or entry permission refused to certain persons

  1. Except as otherwise provided in this Act, where a person who applied for a visa or entry permission onshore or in an immigration control area so requests, an immigration officer (or, where the decision is the Minister’s, the Minister) must give the reasons for any decision to—

  2. refuse to grant a visa to the person; or
    1. refuse to grant to the person a visa of a particular type; or
      1. refuse to grant entry permission to the person.
        1. The reasons must—

        2. be given in writing; and
          1. contain the information required under section 23 of the Official Information Act 1982 as if the reasons were given in response to a request to which that section applies.
            1. Subsection (1) is subject to section 40(3)(e) and (f).

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