Immigration Act 1987

  • repealed
  • Immigration Act 1987: repealed, at 2 am on 29 November 2010, by section 404 of the Immigration Act 2009 (2009 No 51).

General provisions

34G Obligation to inform all relevant facts, including changed circumstances
  • (1) Every person who applies for any type of visa, permit, or exemption under this Act has the obligation to inform an immigration officer of any relevant fact, including any material change in circumstances that occurs after the application is made, if that fact or change in circumstances—

    • (a) may affect the decision on the application; or

    • (b) may affect a decision to grant a permit in reliance on the visa for which the application is made.

    (1A) Every person expressing an interest in obtaining an invitation to apply for residence under section 13E has the obligation to inform a visa officer or an immigration officer of any relevant fact, including any material change in circumstances that occurs after the expression of interest is notified, if that fact or change in circumstances—

    • (a) may affect the decision to issue an invitation to apply for residence; or

    • (b) may affect a decision to issue a residence visa or grant a residence permit as a consequence of the invitation to apply for residence.

    (2) Without limiting the scope of the expression material change in circumstances in subsections (1) and (1A), such a change may relate to the applicant or another person included in the application, and may relate to any matter relevant to the applicable policy.

    (3) Failure to comply with the obligation set out in subsection (1) or subsection (1A)—

    • (b) renders any visa or permit granted subject to cancellation or revocation.

    (4) It is sufficient ground for the Minister or a visa officer or immigration officer to decline to issue a visa or grant a permit to a person if the Minister or officer is satisfied that the person,—

    • (a) whether personally or through an agent, in expressing his or her interest in obtaining an invitation to apply for residence submitted false or misleading information, or withheld relevant information that was potentially prejudicial to the issue of the invitation; or

    • (b) did not ensure that a visa officer or immigration officer was informed of any material change in circumstances between the time of expressing interest and the time of the person's application for the relevant visa or permit; or

    • (c) whether personally or through an agent, in applying for the visa or permit submitted false or misleading information or withheld relevant information that was potentially prejudicial to the issue of the visa or the grant of the permit; or

    • (d) did not ensure that a visa officer or immigration officer was informed of any material change in circumstances between the time of making the application and the time of a decision on the application.

    Section 34G: inserted, on 1 October 1999, by section 26 of the Immigration Amendment Act 1999 (1999 No 16).

    Section 34G(1A): inserted, on 9 September 2003, by section 15(1) of the Immigration Amendment Act (No 2) 2003 (2003 No 47).

    Section 34G(2): amended, on 9 September 2003, by section 15(2)(a) of the Immigration Amendment Act (No 2) 2003 (2003 No 47).

    Section 34G(3): amended, on 9 September 2003, by section 15(2)(b) of the Immigration Amendment Act (No 2) 2003 (2003 No 47).

    Section 34G(4): inserted, on 9 September 2003, by section 15(3) of the Immigration Amendment Act (No 2) 2003 (2003 No 47).