Part 4
Arrivals and departures
Entry permission
112Obligation to inform of all relevant facts, including changed circumstances
It is the responsibility of an applicant for entry permission to ensure that all information, evidence, and submissions that the applicant wishes to have considered in support of the application are provided when the application is made.
The Minister or immigration officer considering the application—
- is not obliged to seek any further information, evidence, or submissions; and
- may determine the application on the basis of the information, evidence, and submissions provided.
It is also the responsibility of an applicant for entry permission to inform the Minister or an immigration officer of any relevant fact, including any material change in circumstances that has occurred between the grant of a visa and the application for entry permission on the basis of that visa, if that fact or change in circumstances may affect the decision on the application.
Without limiting the scope of the expression material change in circumstances in subsection (3), such a change may relate to the applicant or another person included in the application, and may relate to any matter relevant to this Act or immigration instructions.
Failure to comply with the obligation set out in subsection (3) must be treated as concealing relevant information for the purposes of section 157 or 158.
It is sufficient grounds for the Minister or an immigration officer to refuse to grant entry permission to a person if the Minister or officer is satisfied that the person,—
- in applying for entry permission, whether personally or through an agent, submitted false or misleading information or withheld relevant information that was potentially prejudicial to the grant of the permission; or
- did not ensure that the Minister or an immigration officer was informed of any material change in circumstances (within the meaning of subsection (3)) between the time of being granted a visa and the time of applying for entry permission.
Notes
- Section 112(5): amended, on , by section 34(1) of the Immigration Amendment Act 2015 (2015 No 48).
- Section 112(6): amended, on , by section 34(2) of the Immigration Amendment Act 2015 (2015 No 48).