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  • repealed
  • Immigration Act 1987: repealed, at 2 am on 29 November 2010, by section 404 of the Immigration Act 2009 (2009 No 51).
10A Issue of invitation to apply for residence a matter of discretion
  • (1) No person is entitled as of right to an invitation to apply for residence.

    (2) The question whether or not to issue such an invitation, or to revoke such an invitation once issued, is a matter for the discretion of the Minister or, subject to any special direction given under this Act, the appropriate visa officer or immigration officer.

    (3) No appeal lies against the decision of the Minister or visa officer or immigration officer on any such question, whether to any court or to the Board or to the Minister or otherwise.

    (4) No review proceedings may be brought in respect of any refusal or failure of the Minister or a visa officer or an immigration officer to issue an invitation to apply for residence or to revoke such an invitation once issued.

    (5) A decision by the Minister or a visa officer or an immigration officer to refuse to issue an invitation to a person to apply for residence, or to revoke an invitation once issued, is not to be treated as a refusal to grant an application for a residence visa or a residence permit for the purposes of section 18C (which relates to appeals to the Residence Review Board).

    (6) To avoid doubt, the discretion referred to in subsection (2) includes—

    • (a) use by the Minister or visa officer or immigration officer of an automated electronic system that applies criteria predetermined by Government residence policy; and

    • (b) adoption of any result of that process for issuing or in determining whether or not to issue an invitation to apply for residence.

    Section 10A: inserted, on 9 September 2003, by section 6 of the Immigration Amendment Act (No 2) 2003 (2003 No 47).