Temporary Entry PDF - Immigration New Zealand

INZ Operational Manual Temporary entry
E8 SPECIAL CASES
E8.1 Granting a visa under section 61
See previous instruction E8.1 Effective 29/11/2010
See also Immigration Act 2009 ss 11, 20, 61
a. The Minister may at any time grant any type of visa to a person who is:
i unlawfully in New Zealand; and
ii not a person in respect of whom a deportation order is in force.
b. The Minister's power to grant a visa in a special case has been delegated to officers with
Schedule 3 delegations or above.
c. As the grant of a visa under section 61 is a matter of absolute discretion, no person has
the right to apply for a visa under section 61, and if a person purports to make such an
application by requesting the grant of a visa under section 61:
i the Minister or appropriate immigration officer is not obliged to consider the purported
application; and
ii the Minister or appropriate immigration officer is not obliged to make further enquiries
or inquire into the circumstances of the person or any other person, and
iii whether a purported application is considered or not, the Minister or immigration
officer is not obliged to give reasons for any decision on it, other than that section 11
applies; and
iv section 23 of the Official Information Act 1982 and section 27 of the Immigration Act
2009 (concerning the right of access to reasons for decisions) do not apply.
Effective 26/03/2012
E8.5 Application for temporary entry by unmarried person under 18 years of
age
See also Immigration Act 2009 s 59
Where an application for a visa is made by or for a person under 18 years of age who is not
married or in a civil union, the Minister or an immigration officer may decline the application if
the Minister or immigration officer is not satisfied that any parent or guardian of the person
consents to the making of the application.
E8.10 Temporary visas for refugee or protection status claimants
Effective 29/11/2010
The requirements for lodging temporary visa applications are different if the applicant is a
person who is also claiming refugee or protection status in New Zealand. A claimant who
meets the requirements in E8.10.1 may be granted a temporary visa.
E8.10.1 General requirements
See also Immigration Act 2009 s 393
a. A refugee or protection status claimant awaiting a decision on their claim, who holds a
current temporary visa may submit an application for a further temporary visa at any INZ
office in New Zealand.
b. Applications must be made on the approved application form and submitted together with
the applicant's travel document (or identity document in which the current visa is held),
and a passport-sized photograph of the applicant’s head and shoulders.