Belarus visa ban

At a glance

New Zealand maintains a list of individuals linked to the Alexander Lukashenko regime in Belarus [E2.130]. Those named on this list are ordinarily barred from being granted any visa or entry permission [E2.130]. Exceptions exist only where special circumstances are demonstrated, supported by cogent evidence and with consultation from the Ministry of Foreign Affairs and Trade (MFAT) [E2.130]. The decision to grant a visa in such cases can only be made by immigration officers holding Schedule 1-2 delegations [A15.5].

Definition

The "list" is an administrative instrument held by Immigration New Zealand (INZ) containing persons identified as associated with the Lukashenko regime [E2.130]. The criteria for inclusion are not publicly detailed. The ban applies regardless of the visa type.

Application in decisions

When an application is lodged, INZ checks whether the applicant is named on the list [E2.130]. If listed, the application must be refused unless special circumstances are established [E2.130]. Special circumstances require:

• cogent and reliable evidence;
• consultation with MFAT.

If those elements are satisfied, an immigration officer with appropriate delegation (see A15.5) may grant a visa [A15.5]. The officer cannot act under lower delegations.

Interpretation & edge cases

The provision does not define "special circumstances," leaving discretion to INZ in consultation with MFAT [E2.130]. The burden of proof is on the applicant to provide cogent evidence. There is no right of appeal specified in this section; a refusal would be under standard appeal rights if applicable. The list is not published, so applicants may not know they are on it until they apply.

Citations

• E2.130 — Ban on the grant of visas to certain Belarusian individuals linked to the Lukashenko regime
• A15.5 — Delegation of Powers