Automated Electronic Decision-Making

At a glance

Automated electronic systems may be used by Immigration New Zealand (INZ) to make decisions on certain visa applications, expressions of interest, employer accreditation, Job Checks, and entry permission, where the criteria are predetermined in accordance with immigration instructions [A21]. This means that for specified processes, an automated system can perform the role otherwise carried out by an immigration officer, including granting or refusing visas and meeting statutory references to an immigration officer [A21]. The system can also accept online forms instead of paper forms where the instructions mention a specific paper form [A21]. The authority to use automated systems is established under section 28 of the Immigration Act 2009 and the operational instructions at A21 [A21]. Specifically, for residence class visas under the 2021 Resident Visa (S6), the system may determine whether an applicant meets requirements and, unless exclusion criteria apply, may grant the visa automatically [R5.120].

Definition

Automated electronic decision-making refers to the use of a computer system that applies predetermined criteria—defined in advance and in accordance with immigration instructions—to make a range of immigration decisions without human intervention. The instructions permit such systems to be used for the following functions [A21]:

1. Ranking an expression of interest [A21].
2. Processing, granting, or refusing to grant an invitation to apply for a visa [A21].
3. Processing an application for, granting (with or without conditions), or refusing to grant a visa [A21].
4. Processing an application for, granting, or refusing to grant entry permission [A21].

Additionally, the system may be specifically deployed to [A21]:

• Process, accept or refuse a request for an Electronic Travel Authority (ETA), including automatic issuance of an ETA by an automated system where predetermined criteria are met [E12.10].
• Process, grant (with or without conditions), or refuse to grant an interim visa (see I1 or I2).
• Determine that requirements are met and grant a visitor visa (see V2 or V3).
• Determine that requirements are met and grant a 2021 Resident Visa (see S6) — note: the 2021 Resident Visa category closed on 1 August 2022.
• Determine that requirements are met and grant employer accreditation (see WA2).
• Determine that requirements are met and approve a Job Check (see WA3).

The specific conditions and exclusions for automated granting of the 2021 Resident Visa are set out in R5.120 [R5.120].

Where an immigration instruction mentions an "immigration officer" in the context of an application being processed under the above automated pathways, the automated electronic system is deemed to satisfy that instruction [A21]. Similarly, if an instruction requires a specific paper form, the equivalent online form may be submitted instead [A21].

Application in decisions

When a visa category or process is designated for automated processing, INZ configures the system to evaluate applications against the predetermined criteria. An applicant who submits an online application for, say, an Electronic Travel Authority or a visitor visa (under certain categories) may have their application assessed and decided instantly by the system, without a human immigration officer reviewing the case [A21]. The system can grant the visa, impose conditions, or refuse it if the criteria are not met.

For the 2021 Resident Visa (S6), the automated system determines whether the applicant meets the requirements and, if the applicant does not fall within any of the exclusion categories listed in R5.120—such as alerts, health/character concerns, active appeals, and other specified exclusions—may grant the visa automatically. When the exclusion criteria are met, a manual assessment is carried out by an immigration officer [R5.120].

In cases where the automated system cannot make a positive determination—for example, due to missing information, flags, or complex circumstances—the application may be escalated to a human immigration officer for manual assessment, in line with other processing instructions. For processes like employer accreditation and Job Checks, automation is used to check requirements (e.g., business registration, financial viability, job details) against predetermined rules, and approval may be granted automatically if all conditions are satisfied [A21].

It is important to note that not all decisions are automated; the instructions specify which categories may use automated electronic decision-making. The list in A21 is not exhaustive but identifies key areas where automation is authorised [A21].

Interpretation & edge cases

• "Immigration officer" references: When an instruction within a listed application process refers to an immigration officer, the automated system can stand in place of that officer. This does not mean the system becomes a designated immigration officer; it simply satisfies the procedural requirement [A21].
• Form substitution: The allowance for online forms in place of paper forms reduces administrative burden and aligns with a digital‑first approach, but applicants should ensure they use the official online platform specified by INZ [A21].
• Effective date: The instructions are effective from 23 May 2022, and the operational manual provides a history of previous versions [A21].
• Exclusions: The automation does not extend to all visa categories; each category must be specifically identified in the instructions or by the chief executive's authorizations under section 28 of the Immigration Act. So applicants cannot assume that an application will be processed automatically.
• Human oversight: When a decision is refused by the automated system, the applicant typically receives reasons; if they wish to challenge the decision, they may follow the relevant reconsideration or appeal pathways. There is no specific right to a manual review simply because the decision was automated, unless provided by other instructions or legislation. The general fairness obligations (see Fairness and Natural Justice) apply to all decisions, including automated ones.
• 2021 Resident Visa automated processing and grant exclusions: Under R5.120, the automated system will not grant a residence class visa under S6 if the applicant has particular alerts or warnings, does not appear to meet health or character requirements, has an active appeal, is liable for deportation, has an open case or appeal with the Deputy Secretary or the Minister, is a student funded through MFAT or the New Zealand Scholarship Programme, has compliance action underway, or holds a visa granted by the Immigration and Protection Tribunal under section 210 or 216 of the Immigration Act 2009. In such cases, a manual assessment of the identified area is carried out, and the decision to grant or refuse the visa is made by an immigration officer. The automated decision is treated as a decision of an immigration officer authorised under the Act. [R5.120]
• 2021 Interim Visa exclusions: For the 2021 Interim Visa, automated processing is subject to additional restrictions under I2.15. The automated system will not grant a 2021 interim visa if the person has character alerts, an active appeal, is liable for deportation, has an open case with the Deputy Chief Executive or the Minister, is a student funded by MFAT or the New Zealand scholarship programme, has compliance action underway, or holds a visa granted by the Immigration and Protection Tribunal under section 210 or 216 of the Immigration Act 2009. In those cases, a manual assessment is carried out by an immigration officer. Furthermore, the system may grant an interim visa under section 61 of the Act if the 2021 Resident Visa application is lodged while the person holds a current temporary visa, that visa expires, and the application is accepted for processing. [I2.15]
• SMC Interim Visa exclusions: For the SMC interim visa, automated processing is subject to restrictions under I3.5. The automated system will not grant an SMC interim visa if the person has character alerts, an active appeal, is liable for deportation, has an open case with the Deputy Secretary or the Minister, is a student funded by MFAT or the New Zealand scholarship programme, has compliance action underway, or holds a visa granted by the IPT under section 210 or 216. In those cases, a manual assessment is carried out by an immigration officer. An automated system may also grant an interim visa under section 61 when the SMC resident visa application is lodged while the person holds a current temporary visa, that visa expires, and the application is accepted for processing. [I3.5]

Citations

• A21 — Automated electronic decision making
• E12.10 — Processing ETAs
• I2.15 — Automated and manual processing of 2021 interim visas
• I3.5 — Automated and manual processing of SMC interim visa
• R5.120 — Automated processing and granting