Section 58 — Immigration Act 2009: Obligation on applicant to inform of all relevant facts, including changed circumstances

58 Obligation on applicant to inform of all relevant facts, including changed circumstances (1) It is the responsibility of an applicant for a visa to ensure that all information, evidence, and submissions that the applicant wishes to have considered in support of the application are provided when the application is made. (2) The Minister or immigration officer considering the application— (a) is not obliged to seek any further information, evidence, or submissions; and (b) may determine the application on the basis of the information, evidence, and submissions provided. (3) It is also the responsibility of an applicant for a visa to inform the Minister or 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 entry permission in reliance on the visa for which the application is made. (4) Without limiting the scope of the expression material change in circumstances in subsection (3), such a change may relate to the applicant or another person included in the application, and may relate to any matter relevant to this Act or immigration instructions. (5) Failure to comply with the obligation set out in subsection (3) amounts to concealment of relevant information for the purposes of sections 157 and 158 . (6) It is sufficient ground for the Minister or an immigration officer to decline to grant a visa to a person if the Minister or officer is satisfied that the person,— (a) whether personally or through an agent, in applying for the visa submitted false or misleading information or withheld relevant information that was potentially prejudicial to the grant of the visa; or (b) did not ensure that an immigration officer was informed of any material change in circumstances to which subsection (3) applies between the time of making the application and the time of a decision on the application. Compare: 1987 No 74 ss 17A , 25 , 34B , 34G