Baljeet lived in India and she has hired a licensed immigration adviser to prepare her Visitor Visa application to visit New Zealand. Baljeet declares that she intends to visit New Zealand as a tourist on her application form. Baljeet actually intends to visit her fiancé who is a New Zealand resident and lives in New Zealand. Baljeet does not declare her actual intention to visit her fiancé and she does not declare her fiancé as a contact on her application form. Question: According to the Immigration Act 2009, whose responsibility was it to inform Immigration New Zealand of the relevant fact that Baljeet intends to visit her fiancé in New Zealand? (1 mark)

Question

BlackTom AI · Accepted Answer

An applicant must disclose material facts about their intended stay, so Baljeet herself was responsible for informing Immigration New Zealand.

1. Relevant knowledge points and concepts
- Immigration Act 2009 requires that visa applicants provide complete and truthful information about relevant facts (material matters) that could affect the decision on their application.  
- A “relevant fact” includes true intentions for travel (purpose of visit) and contacts in New Zealand.  
- Licensed immigration advisers have professional duties to act competently and not to assist misrepresentation, but the primary statutory duty to disclose the applicant’s own intentions rests with the applicant submitting the application.

2. Step-by-step reasoning
- Baljeet declared “tourist” but in truth intended to visit her fiancé. That intent (purpose of travel and a New Zealand contact) is material because it could affect visa decision-making.  
- The visa application is the applicant’s declaration; the Immigration Act’s disclosure obligations are placed on the person whose immigration status is being assessed.  
- Even though a licensed adviser prepared the application, the factual representations in the application are Baljeet’s and she must ensure they are accurate.

3. Intermediate steps / implications
- Identify the undisclosed fact: intention to visit fiancé + fiancé as contact.  
- Determine who must disclose: the applicant whose circumstances and intentions are the subject of the application.  
- Adviser duties: advisers must not submit false information and have professional obligations, but they do not remove the applicant’s responsibility to truthfully declare personal intentions.

4. Why the correct answer is correct
- Because the legal obligation to truthfully disclose personal intentions and material facts on a visa application falls on the applicant, Baljeet is the responsible party for informing Immigration New Zealand of her true intention.

5. Why other options are incorrect
- (a) Adviser alone: incorrect — the applicant carries the primary disclosure duty.  
- (c) Both Baljeet and adviser: incorrect — while an adviser has professional duties, the statutory responsibility to disclose personal intentions is the applicant’s.  
- (d) Including fiancé: incorrect — the fiancé has no statutory duty to inform INZ about the applicant’s intentions.

6. Conclusion
- Therefore the correct answer is b. Baljeet, which matches the provided answer.

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