Immigration Act 1987

  • repealed
  • Immigration Act 1987: repealed, at 2 am on 29 November 2010, by section 404 of the Immigration Act 2009 (2009 No 51).
10 Grant of visa a matter of discretion
  • (1) Except as provided in section 14C(2) of this Act,—

    • (a) no person is entitled to a visa as of right; and

    • (b) the question whether or not to issue a visa to any person is a matter for—

      • (i) the discretion of the Minister; or

      • (ii) subject to any special direction given under this Act, and also to sections 13C and 18E(1) of this Act in the case of a residence visa and section 14DA(2) in the case of a limited purpose visa, the discretion of the appropriate visa officer.

    (2) Subject to section 18C of this Act, no appeal shall lie against the decision of the Minister or visa officer on any such question, whether to any Court or to the Tribunal or to the Minister or otherwise.

    (3) No review proceedings may be brought in any court in respect of—

    • (a) any refusal or failure to issue a visa, except a refusal or failure to issue a returning resident's visa on application made under section 14C(1); or

    • (b) any decision by the Residence Review Board in relation to a refusal or failure to issue a visa.

    Section 10: substituted, on 18 November 1991, by section 5 of the Immigration Amendment Act 1991 (1991 No 113).

    Section 10(1)(b)(ii): amended, on 1 October 1999, by section 9 of the Immigration Amendment Act 1999 (1999 No 16).

    Section 10(3): substituted, on 9 September 2003, by section 5 of the Immigration Amendment Act (No 2) 2003 (2003 No 47).