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Thread: Submit Online Application by accident - INZ accused as not good character

  1. #1
    Join Date
    Jul 2016

    Default Submit Online Application by accident - INZ accused as not good character

    Hi everyone

    I'm desperately needing some advices.

    I'm hoping to get a work visa under Vietnam Working Holiday scheme.

    Because online form is not available until 1st August, so I was getting familiar with INZ system by playing around with the online form for USA Working Holiday Scheme.

    I was so silly and expected the system will ask for my credit card before submitting the application. But for US citizen it's fee waiver. So my false application got submitted to INZ.

    I was horrified and tried to get hold of INZ immediately. But it's impossible to get hold of any one on the phone, therefor I sent them a support request which requested to withdraw the application.
    Support team didnt see the message after 3 days.

    The next day (after application submitted) I received declined letter from INZ stated that do not meet the requirements of good character under instruction A5.45(b) - has made any statement or provided any information, evidence or submission that was false, misleading or forged, or withheld material information

    I was trying to explain that I didn't intend to submit the false application and requested to withdraw the application, but it was too late. Visa officer refused to withdraw my application and the application was processed as it is

    I'm so worry that above statement from INZ will impact on my future working holiday visa as they consider I'am not a good character.

    Do I have any legal ground to stand on if INZ decline my future application because of my stupid mistake?

    Many thanks

  2. #2
    Join Date
    Oct 2013
    New Zealand


    There is probably an interesting argument to be made in terms of fairness and natural justice if you were not given any chance to explain, before a decision was made.

    A1.5 Fairness
    Whether a decision is fair or not depends on such factors as:
    whether an application is given proper consideration;
    whether the applicant is informed of information that might harm their case (often referred to as potentially prejudicial information);
    whether the applicant is given a reasonable opportunity to respond to harmful information;
    whether the application is decided in a way that is consistent with other decisions;
    whether appropriate reasons are given for declining an application;
    whether only relevant information is considered;
    whether all known relevant information is considered.
    How much fairness an immigration officer must bring to bear in deciding an application may depend on the consequences of the decision for the applicant.
    Example: A person who applies for a temporary visa for the first time has less to lose from having the application declined than, for example, a person who has been legally resident in New Zealand for a number of years and is applying for a permanent resident visa.

  3. #3
    Join Date
    Jul 2016


    Thanks Chris.

    Yeah I personally think it's quite un-fair for me; as I have tried to do all I can to request to withdraw the application.

    On the initial email to the Visa Officer - I apologised and explained how the application got submitted by accident, and I did not intend to deceive INZ. But here is the response from the Visa Officer :

    "Thank you for your response. After an online application has been submitted it cannot be deleted and therefore your application was processed as it is. As stated in my decision letter, the character concern has not been mitigated and you may be required to provide further information for this for future applications that you may make".

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