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  • repealed
  • Immigration Act 1987: repealed, at 2 am on 29 November 2010, by section 404 of the Immigration Act 2009 (2009 No 51).
13BA Chief executive may give general instructions as to order and manner of processing applications for visas and permits
  • (1) The order and manner of processing any application for a visa or permit is a matter for the discretion of a visa officer or immigration officer.

    (2) The chief executive may, from time to time, give general instructions to visa officers and immigration officers as to the order and manner of processing any application for a visa or permit.

    (3) In giving any such general instructions, the chief executive may have regard to such matters as the chief executive thinks fit.

    (4) Unless otherwise expressed by the chief executive, any general instructions as to the order and manner of processing applications, as given by the chief executive from time to time under this section, may apply to any or all applications for visas or permits regardless of the fact that—

    • (a) the general instructions may be different from those existing at the time that the applications were made; or

    • (b) the general instructions may result in applications being processed in a different order or manner than would, otherwise have occurred; or

    (5) The general instructions, as given by the chief executive from time to time, are matters of departmental rules and practice, and do not form part of Government immigration policy under section 13A or Government residence policy under section 13B.

    (6) Nothing in this Act, or in any other law or enactment, requires a visa officer or an immigration officer to process an application for a visa or permit in any particular order or manner, whether or not consistent with any general instructions given by the chief executive from time to time.

    (7) The question whether or not an application is processed in an order and manner consistent with any general instructions given by the chief executive from time to time is a matter for the discretion of a visa officer or immigration officer, and

    • (a) no appeal lies against the decision of the officer concerned, whether to an Authority, the Board, the Tribunal, the Minister, any court, or otherwise; and

    • (b) no review proceedings may be brought in any court in respect of—

      • (i) any general instructions as to the order and manner of processing applications as given by the chief executive from time to time; or

      • (ii) the application of any such general instructions; or

      • (iii) any failure by the Minister or a visa officer or immigration officer to process or to continue to process an application for a visa or a permit; or

      • (iv) any decision by the Minister or a visa officer or immigration officer to process (including a decision to continue to process), or any decision not to process (including a decision not to continue to process), an application for a visa or permit.

    Section 13BA: inserted, on 2 July 2003, by section 4 of the Immigration Amendment Act 2003 (2003 No 30).

    Section 13BA(7)(a): amended, on 9 September 2003, by section 12(2) of the Immigration Amendment Act (No 2) 2003 (2003 No 47).