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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22813
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Hi Chris, If a temporary visa applicant applies for a visa

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Hi Chris,
If a temporary visa applicant applies for a visa (off-shore) while an immediate member of his/her family is unlawful in New Zealand, will this application be declined?
If so, please can you quote me the legislation supporting this action? Tks - T

Chris The Lawyer :

Hi and welcome. My first response will follow shortly. Please feel free to follow up if anything is not clear.

Chris The Lawyer :

I have looked through the manual (as I am sure you have) and could not find any reference. The same applies to the Immigration Act. I suspect this is one of those difficult exercises of discretion, based on prejudice rather than reason


So they can justify punishing somebody for a relative's misdemeanour...with absolutely no statute backing...just like the communists did when a relative jumped the iron curtain!?

Chris The Lawyer :

Your analogy may be accurate. But at law, you cannot assume a person will act in a way, because his relative has done so. That would be an evidence issue if we were not discussing a discretioary power.

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