Immigration Act 2009

Visas - Visas generally

45: Grant of visa generally matter of discretion

You could also call this:

“Visa decisions are made at the discretion of immigration officials”

You should know that no one has the right to get a visa. The decision to give you a visa is up to the Minister or an immigration officer.

When you apply for a visa, the Minister or immigration officer can choose to give you one or not. They can also give you a different type of visa than the one you asked for. They can add rules to your visa, change the rules, or remove some rules that would usually apply.

The Minister or immigration officer can make these choices freely, unless another part of this law says something different.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440648.

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

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46: Grant of visa does not guarantee entry permission, or

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Part 3 Visas
Visas generally

45Grant of visa generally matter of discretion

  1. No person is entitled to a visa as of right.

  2. In determining a visa application, the Minister or, subject to any special direction, an immigration officer, in his or her discretion,—

  3. may grant or refuse to grant a visa; and
    1. regardless of the class and type of visa that was applied for, may grant a visa of any class and type; and
      1. may impose conditions on the visa granted, or vary or waive conditions that would otherwise apply to it.
        1. This section applies unless any provision in this Act expressly provides otherwise.

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