Myanmar visa ban

At a glance

• New Zealand maintains a list of individuals involved in or associated with the military coup in Myanmar (2021) or responsible for human rights violations there. [E2.125]
• Persons on this list are ordinarily not granted any visa (including transit visas) or entry permission. [E2.125]
• An exception may be made only where special circumstances exist, supported by cogent evidence and in consultation with MFAT. [E2.125]
• Decisions to grant a visa in these cases are limited to immigration officers with Schedule 1-2 delegations. [E2.125]

Definition

The ban applies to individuals who meet wholly or in part the following criteria: [E2.125]

• i. hold or held membership in the State Administrative Council; and/or
• ii. were instrumental in the February 2021 military coup; and/or
• iii. were or have been responsible for the violent suppression of peaceful anti-coup protestors; and/or
• iv. were responsible for other human rights violations, including those against the Rohingya, prior to the coup.

The list is maintained by Immigration New Zealand (INZ).

Application in decisions

When processing any visa application, an immigration officer checks whether the applicant appears on the INZ list. [E2.125] If the applicant is on the list, the application is refused unless the officer exercises the limited exception:

• Special circumstances: must be demonstrated with cogent and reliable evidence. [E2.125]
• Consultation with MFAT: INZ must consult the Ministry of Foreign Affairs and Trade before granting a visa. [E2.125]
• Delegation: only immigration officers holding Schedule 1-2 delegations (A15.5) may grant a visa to a listed person. [E2.125] This restricts the decision-making to senior officers.

Interpretation & edge cases

• The term "ordinarily" indicates a strong presumption against granting a visa, but it is not an absolute bar. The exception is narrow. [E2.125]
• "Cogent and reliable evidence" implies a high standard of proof for the special circumstances claimed. Mere assertions are insufficient. [E2.125]
• The list includes people meeting any part of the criteria (wholly or in part). Even a past association, not necessarily current, may trigger the ban. [E2.125]
• The ban covers all visa categories, including transit visas, meaning even airside transit may be refused. [E2.125]
• The rule does not specify a review or appeal process; however, general fairness principles (A1.5) would apply to the decision-making.
• The effective date of this instruction is 11 February 2024. [E2.125]

Citations

• E2.125 — Ban on the grant of visas to certain Tatmadaw and other individuals identified as being involved in or associated with the military’s seizure of power in Myanmar in 2021 or otherwise responsible for human rights violations in Myanmar