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  • repealed
  • Immigration Act 1987: repealed, at 2 am on 29 November 2010, by section 404 of the Immigration Act 2009 (2009 No 51).
13B Government residence policy
  • (1) For the purposes of this Act, the term Government residence policy means policy of the Government in relation to residence visas and residence permits that—

    • (a) is of a kind referred to in subsection (3) of this section; and

    • (b) has been reduced to writing and certified by the Minister as Government residence policy in that written form,—

    and any such policy shall take effect from such date as may be specified in that behalf in the certified policy (which date may not be earlier than the date on which the Minister certifies the policy).

    (1A) To avoid doubt, any policy of the Government that relates to the issuing of any type of temporary visa or limited purpose visa or the granting of any type of temporary permit or limited purpose permit is not Government residence policy, regardless of whether the issuing of the visa or the granting of the permit may affect eligibility for or otherwise relate to the issuing of a residence visa or the granting of a residence permit.

    (2) Where the Minister has certified any policy as Government residence policy, that policy shall be inserted forthwith in the departmental manual of immigration instructions, whether by way of amendment to the existing manual or by way of separate circular.

    (3) The kinds of policy that may constitute Government residence policy for the purposes of this Act are as follows:

    • (a) any general or specific objectives of Government residence policy:

    • (b) any rules or criteria for determining the eligibility of a person for the issue of a residence visa or the grant of a residence permit, being rules or criteria relating to the circumstances of that person:

    • (ba) any indicators, attributes, or other relevant information or matters that may or must be taken into account in assessing a person's eligibility:

    • (c) any statement of, or rules or criteria for determining, the number or categories or ranking of persons or classes of persons whose applications for residence visas or residence permits may be granted at any particular time or over any particular period:

    • (d) any matters relevant to balancing individual eligibility against the overall objectives or requirements of Government residence policy:

    • (e) any requirements relating to documentation or other evidence or information required to assess a person's eligibility:

    • (f) any statement of the requirements or types of requirements that may be imposed under section 18A(2) of this Act upon a person to whom a residence permit is granted, and the circumstances in which or classes of persons upon whom such requirements may be imposed.

    (3A) Any rules or criteria under subsection (3)(b) may, in respect of any 1 or more specified classes or categories of person who wish to apply for a residence visa or a residence permit,—

    • (a) include a requirement that persons of that class or category may so apply only if invited to do so by the Minister or a visa officer or an immigration officer:

    • (b) set or indicate rules, criteria, or other relevant matters of the kinds specified in subsection (3)(a) to (e) that will or may apply for the purpose of determining whether or not an invitation to apply for residence should be issued to any such person:

    • (c) stipulate any period for which an expression of interest will remain current:

    • (d) stipulate any time frame (or any method for determining the time frame) within which the relevant application must be made following the issue of an invitation to apply for residence.

    (4) Any requirements referred to in subsection (3)(f) of this section—

    • (a) shall be only such requirements as may be appropriate to ensure that the aims of Government residence policy are not prejudiced or nullified by subsequent actions or omissions of residence permit holders; and

    • (b) shall specify the maximum period for which they may be imposed, which maximum period shall in no case exceed 5 years.

    (5) For the purposes of this Act, no person who is a person to whom section 7(1) of this Act applies shall be treated as entitled to or eligible for the issue or grant of a residence visa or residence permit in terms of Government residence policy.

    Section 13B: inserted, on 18 November 1991, by section 7 of the Immigration Amendment Act 1991 (1991 No 113).

    Section 13B(1A): inserted, on 2 July 2003, by section 3 of the Immigration Amendment Act 2003 (2003 No 30).

    Section 13B(3)(a): substituted, on 9 September 2003, by section 7(1) of the Immigration Amendment Act (No 2) 2003 (2003 No 47).

    Section 13B(3)(b): substituted, on 9 September 2003, by section 7(1) of the Immigration Amendment Act (No 2) 2003 (2003 No 47).

    Section 13B(3)(ba): inserted, on 9 September 2003, by section 7(1) of the Immigration Amendment Act (No 2) 2003 (2003 No 47).

    Section 13B(3A): inserted, on9 September 2003, by section 7(2) of the Immigration Amendment Act (No 2) 2003 (2003 No 47).