Appendix A
DOIA 2324-0703– Wendy Yang
Page
Document
Section 61 decision record letter
2
5
International obligations
Request number: [Application Number]
Section 61 record of decision
Legal Framework
Manage immigration in a way that balances the national interest as determined by the Crown, and
the rights of individuals
1982
A person unlawful y in New Zealand has a statutory obligation to depart and has no right to
request a visa under section 61
A refugee claimant or a person who ceases to be a claimant because the claim has been
Act
declined and who was the holder of a temporary visa, may not request a visa under s61
A person who held a limited visa before their visa expired may not request a visa under s61
A person who has been served a deportation order may not be granted a visa under s61
No visa may be granted under s61 to a person who comes within s15 or s16 unless in
accordance with a special direction
Under s11, there is no obligation on the decision maker to consider a request for a visa under
section 61
Under s11, there is no obligation on the decision maker to make inquiries about the
Information
circumstances of the person requesting a visa or any other person, or any of the information
provided by or about that person or any other person.
Under s11, the decision maker is not obliged to give reasons for any decision relating to a
purported application, other than that s61(2) applies; and s27 of the Immigration Act and
section 23 of the Official Information Act do not apply.
Official
Request details
the
Date request received: [Date Tendered]
People included in request:
Date of birth:
[Client Name]
[Date of Birth]
under
[Secondary Applicant 1]
[SecondaryApplicant1DateOfBirth]
[Secondary Applicant 2]
[SecondaryApplicant2DateOfBirth]
[Secondary Applicant 3]
[SecondaryApplicant3DateOfBirth]
[Secondary Applicant 4]
[SecondaryApplicant4DateOfBirth]
Is the request being considered?
Yes/No [delete as applicable, if no do not continue]
Released
Consideration of request
In relation to the request from [Client Name] for a visa under section 61 of the Immigration Act
2009, I have considered al the information and evidence provided with the request, and al the
information available to me about the requester on the Ministry’s electronic records.
DO NOT RELEASE – s11 Immigration Act applies
Decision
For release?
No–section 11 (c)(i) applies
International Obligations
I have had regard to New Zealand’s international obligations as part of my decision on this request
Yes, the reason I have done so is because I have identified that specific obligations are engaged
(because xxxxx). The relevant obligation is: [enter obligation]
I have not had regard to New Zealand’s international obligations as part of my decision on this
because I am not aware of any obligations that apply in this case and that requestor has not brought
1982
any to my attention.
Factors most relevant to my decision making:
Act
Conclusion
Having considered this request in the whole, my decision is to grant/not grant [delete as applicable]
a visa to because [briefly summarise reason here].
Information
Type and duration of visa, if granted: [specify type and duration if granted, if not delete this
sentence]
Decided by:
Official
[Case Officer]
the
under
Released
Record of Refuse to Consider Decision for use by the section 61 team
Name of requester_________________
On balance I have decided to
refuse to consider the section 61 request because:
(More than one may be chosen – delete those that do not apply):
A person who is outside of New Zealand is not able to request a visa under s61;
A refugee claimant or a person who ceases to be a claimant because the claim has been
declined and who was the holder of a temporary visa, may not request a visa under s61;
1982
A person who held a limited visa before their visa expired may not request a visa under s61;
A person who has been served a deportation order may not be granted a visa under s61;
Act
No visa may be granted under s61 to a person who comes within s15 or s16 unless in
accordance with a special direction;
A section 61 request was made on [Date Tendered] and no substantive new information has
been provided;
A request for ministerial intervention was declined within the last 12 months;
An appeal against deportation with the Immigration and Protection Tribunal is pending;
This section 61 request appears to follow the decline of a temporary visa application [
number]
on [
date] and the applicant has not exercised their right of a reconsideration;
Information
A reconsideration of a visa [
number] was undertaken on [
date] and the reconsideration was
declined;
The section 61 request appears to be a complaint that has not been lodged with the Central
Feedback Team.
Official
Other: __________________________________________________
Additional comment (if any): _____________________________________________
the
____________________________________________________________
For release
under
Yes
No–section 11 (c)(i) applies –
Section 61 of the Immigration Act 2009 provides that no reasons are necessary because the
decision is at the absolute discretion of the decision maker.
Under s11, the de
Released cision maker is not obliged to give reasons for any decision relating to a
purported application, other than that s61(2) applies; and s27 of the Immigration Act and
section 23 of the Official Information Act do not apply.
Senior Immigration Officer: [Case Officer]
Signature: ______________________________ Date: _________________
International Obligations
1982
Act
ICCPR
Family interna�onal covenant on civil and poli�cal rights
ICESCR
Interna�onal Covenant on Economic Social and Cultural rights
CERD
On the elimina�on of all forms of racial discrimina�on
CEDAW
(Domes�c violence) Conven�on on the elimina�on of al forms of discrimina�on against women
Information
UNCROC
Conven�on on the rights of the child
Official
CAT
Conven�on against torture and other cruel, inhuman or degrading treatment or punishment
the
UNCRPD
Conven�on on the right of persons with disabili�es
under
CRSR
Conven�on Rela�ng to the Status of Refugees
Released
