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  • repealed
  • Immigration Act 1987: repealed, at 2 am on 29 November 2010, by section 404 of the Immigration Act 2009 (2009 No 51).
13BB Lapsing of applications for visas and permits
  • (1) The Minister must, from time to time, publish in accordance with section 13A(2) the policy of the Government (if any) in relation to rules or criteria for the lapsing of applications in respect of which no decision to issue a visa or grant a permit has been made, or is likely to be made,—

    • (a) within any stipulated period or by any stipulated date; or

    • (b) by the date on which any relevant quota or limit set under Government immigration policy or Government residence policy for any particular period is reached; or

    • (c) by any other date on which some other specified event occurs or, as the case may be, has not occurred.

    (2) Rules and criteria published under this section—

    • (a) may differ for different classes or categories of applications:

    • (b) may specify any stage of processing of an application that must be reached within any stipulated period or by any stipulated date if the application is not to lapse.

    (3) The question whether or not an application meets any rules or criteria for lapsing published under this section is a matter for the discretion of an immigration officer or a visa officer, and—

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

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

      • (i) the lapsing of an application for a visa under rules or criteria published under this section; or

      • (ii) the lapsing of an expression of interest in obtaining an invitation to apply for residence.

    (4) Any decision to lapse an application for a residence visa or a residence permit must be made in accordance with the rules and criteria applicable at the time the application was made.

    (5) The effect of lapsing an application is that no further processing or decision in respect of that application is required.

    (6) Where any application is lapsed in accordance with rules and criteria published under this section, the chief executive must refund any application fee paid in respect of the application to the person who paid it, or a person authorised by that person to receive it.

    (7) Nothing in this Act or in any other law or enactment entitles a person whose application has lapsed to recover from the Minister or the Department or any visa officer or immigration officer any costs associated with the application, other than the application fee refundable under subsection (6).

    (8) Subsection (4) overrides section 13C.

    (9) In this section (except subsection (6)), application includes an expression of interest under section 13D in obtaining an invitation to apply for residence.

    Section 13BB: inserted, on 9 September 2003, by section 8 of the Immigration Amendment Act (No 2) 2003 (2003 No 47).