Immigration Act 2009

Offences, penalties, and proceedings - Offences

342: Provision of false or misleading information

You could also call this:

“Using false information or documents in immigration matters is illegal”

You commit an offence if you knowingly give false or misleading information in important matters related to immigration. This includes when you’re applying for a visa, asking for changes to your visa, or appealing a decision. It’s also an offence if you give fake or misleading documents to an immigration officer or a refugee and protection officer. If you fill out any border requirement forms with information you know is wrong, or if you don’t follow the rules in section 103, that’s also against the law.

However, if you’re a refugee and you give false documents or information in the specific situation described in Article 31.1 of the Refugee Convention, you won’t be charged with this offence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441146.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Crime and justice > Criminal law

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343: Aiding and abetting, or

“Helping others break immigration rules or enter New Zealand illegally”

Part 10 Offences, penalties, and proceedings
Offences

342Provision of false or misleading information

  1. Every person commits an offence against this Act who—

  2. makes any statement, or provides any information, evidence, or submission, knowing that it is false or misleading in any material respect, in support of—
    1. any application or request (whether by that person or by another person) for a visa or entry permission, or any expression of interest in a visa; or
      1. any request for variation, waiver, or cancellation of the conditions of a visa; or
        1. any appeal or application in the nature of an appeal to the Minister or the Tribunal; or
        2. produces or surrenders any document or supplies any information to an immigration officer or a refugee and protection officer knowing that it is false or misleading in any material respect; or
          1. completes any document required as part of a border requirement in a manner that the person knows to be false or misleading in any particular, or fails to comply with any of his or her other responsibilities under section 103.
            1. To avoid doubt, no proceedings under subsection (1)(b) may be brought if the documents or information are supplied in the circumstances to which Article 31.1 of the Refugee Convention applies.

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