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  • repealed
  • Immigration Act 1987: repealed, at 2 am on 29 November 2010, by section 404 of the Immigration Act 2009 (2009 No 51).
18A Requirements may be imposed on grant of residence permit
  • (1) The Minister or an immigration officer may, on granting a residence permit, impose requirements on the holder of the permit in accordance with this section.

    (2) Except as provided in subsection (3) of this section, requirements may be imposed under this section on the holder of a residence permit only where—

    • (a) those requirements are specified in, or are of a kind authorised under, the Government residence policy applicable at the time the application for the permit was made; and

    • (b) the permit holder is a person of a class upon whom those requirements can, in terms of that Government residence policy, be imposed.

    (3) Where the Minister grants a residence permit to a person as an exception to the Government residence policy applying at the time the application for the permit was made, the Minister may impose such requirements as the Minister thinks fit to impose in all the circumstances having regard to—

    • (a) the reasons why the holder of the permit was not eligible in terms of the applicable Government residence policy; or

    • (b) the reasons why the grant of the permit was made as an exception to Government residence policy.

    (3A) Requirements imposed under this section may include the posting of a bond that is refundable in whole or in part if other requirements under this section are met, and section 148B applies in relation to any such bond.

    (3B) The fact that a bond has been forfeited in whole or in part does not affect other action taken, or that may be taken, in respect of a failure to meet requirements imposed under this section, including revocation of a residence permit or returning resident's visa under section 20 or section 20A.

    (4) Where any requirements are imposed under this section, the holder of the permit shall be notified in writing—

    • (a) of all requirements imposed; and

    • (b) that any failure to comply with the requirements may result in revocation of the permit pursuant to section 20(1)(d) of this Act.

    (5) The Minister may at any time, by special direction,—

    • (a) cancel any requirement imposed under this section, whether on the application of the holder of the residence permit or of the Minister's own motion; or

    • (b) with the agreement of the residence permit holder, vary any requirement imposed under this section or impose any new requirement (whether or not the variation or new requirement is specified in or specifically authorised under Government residence policy).

    (6) Where the Minister cancels or varies any requirement or imposes any new requirement under subsection (5) of this section,—

    • (a) the Minister shall cause the holder of the permit to be notified accordingly; and

    • (b) the cancellation, variation, or new requirement shall take effect from the date specified in the notice.

    (7) Where any requirement is imposed on the holder of a residence permit under this section, that requirement shall continue to apply to that person according to its tenor both—

    • (a) during the currency of any returning resident's visa that is issued to the person in reliance on the fact that the person is or was the holder of that permit; and

    • (b) during the currency of any residence permit then granted to the person by virtue of an entitlement under section 14C(4) of this Act.

    Section 18A: inserted, on 18 November 1991, by section 9 of the Immigration Amendment Act 1991 (1991 No 113).

    Section 18A(3A): inserted, on 1 October 1999, by section 15 of the Immigration Amendment Act 1999 (1999 No 16).

    Section 18A(3B): inserted, on 1 October 1999, by section 15 of the Immigration Amendment Act 1999 (1999 No 16).