Air Asia X fined for failing to obey Immigration New Zealand passenger order

Malaysian airline Air Asia X has been fined $11,475 after it allowed a passenger to board an Australian flight despite an order from Immigration New Zealand (INZ).

An INZ spokesperson said the passenger was a Malaysian passport holder travelling to New Zealand from Kuala Lumpur via Sydney as a visa waiver visitor.

“He was identified by a border immigration officer as a risk due to an adverse immigration history in Australia.

“The immigration officer had doubts that he was a genuine visitor to New Zealand and wanted to speak to him before boarding.”

INZ confirmed that, on arrival, the passenger was interviewed by immigration officers, refused entry and returned home.

An investigation carried out by the agency found Air Asia X officials had received the notification that the passenger was not permitted to board and that an officer wished to speak with him before travel.

“Air Asia X had directed their ground handling agent to intercept the passenger before boarding the flight to New Zealand and a ground handling agent admitted that they had boarded the passenger despite knowing of INZ’s instruction.”

The airline no longer flies to New Zealand and had been issued with more than 100 infringement notices for breaches of its obligations under the Immigration Act.

National manager Border Peter Elms said carriers play an important role in the security of New Zealand’s borders.

“Immigration New Zealand works closely with airlines to ensure they are aware of their obligations and are supported to meet them,” Elms said.

“Breaches of these obligations can mean people arrive in New Zealand who are not eligible to be here and could pose a risk to New Zealand.

“INZ treats such breaches seriously and can commence enforcement action against a carrier such as infringement fines or prosecution when breaches occur.”

There have been 173 infringement notices issued in the 2023-24 financial year.

There have been 15 previous prosecutions of airlines for failing to comply with their obligations under the Immigration Act 2009 since 2011: one in 2011 for Singapore Airlines, six in 2012 for Malaysia Airlines, Lan Airlines (LATAM’s previous name), Jetstar, Cathay Pacific and two for Aerolineas Argentinas, one in 2013 for Malaysia Airlines, one in 2014 for Singapore Airlines, one in 2015 for Cathay Pacific, two in 2016 for Jetstar and LATAM, one in 2017 for LATAM, one in 2018 for AirAsia X and one in 2020 for China Eastern Airlines.