3099 (2025). Ricardo Menéndez March to the Minister of Immigration

3099 (2025). Ricardo Menéndez March to the Minister of Immigration: Does Immigration NZ deny visas to people who have been involved in a group that has committed war crimes, crimes against humanity, or gross human rights abuses, and if not, why not?

Hon Erica Stanford: 1. Each individual visa application is assessed on a case-by-case basis. Immigration instruction A5.30 provides that normally no visa will be granted where an applicant would pose a risk to New Zealand’s international reputation (Appendix A). In particular, applicants are, per instruction A5.30(b), considered to pose such a risk if they have or have had an association with, membership of, or involvement with, any government, regime, group or agency that has advocated or committed war crimes, crimes against humanity and/or other gross human rights abuses. A visa may be granted if the nature and extent of the individuals association to an aforementioned entity is assessed as minimal or remote or if the individual’s entry or stay in New Zealand, if a temporary entry class visa, is considered to be in the national interest. 2. Immigration NZ has a process to identify and assess visa applications that may not meet instruction A5.30(b). Individual visa applications are referred to a specialist team to undertake a risk assessment. 3. If an applicant is assessed as not meeting immigration instruction A5.30(b), they are provided an opportunity to comment in the form of a Potentially Prejudicial Information (PPI) letter. Any response received is considered prior to decision on the visa application. 4. In July 2021, immigration instruction A5.50 was merged with immigration instruction A5.30 to reflect judicial guidance. Requirements between A5.50 and A5.30 remained substantially the same, therefore any visa application assessed against A5.50 are considered to fall under A5.30 for the purpose of this response.