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  • repealed
  • Immigration Act 1987: repealed, at 2 am on 29 November 2010, by section 404 of the Immigration Act 2009 (2009 No 51).
18E Procedure where appeal successful or Board makes recommendation
  • (1) Subject to subsection (2) of this section, where the Board reverses a decision under paragraph (b) or paragraph (c) of section 18D(1) of this Act, the Minister or the visa officer or an immigration officer shall, as the case may require, issue a residence visa or grant a residence permit to the appellant.

    (2) Nothing in subsection (1) of this section requires a residence visa or a residence permit to be issued or granted to any person—

    • (a) until the normal requirements for furnishing any certificates or other material that is required before a visa or permit can be issued or granted have been complied with, where those certificates or other material—

      • (i) were not supplied to the appropriate officer before the date on which the decision to decline the application for the residence visa or residence permit was made; or

      • (ii) by reason of effluxion of time, are no longer current for the purposes of issuing a visa or granting a permit under this Act; or

    • (b) where, since the date on which the application for the residence visa or residence permit was declined, any matter has arisen or any information has become available in respect of the person that would disqualify that person from being issued with a residence visa or granted a residence permit, as the case may be, in terms of both—

      • (i) the Government residence policy that was applicable at the time of the application for the visa or permit; and

      • (ii) the Government residence policy currently applicable.

    (3) Where, in reliance on subsection (2)(a) of this section, a residence permit is not immediately granted to a person who is already in New Zealand, the Minister or an immigration officer shall grant a temporary permit to the person, being a permit that is current for a period of not less than 6 months.

    (4) Where any residence permit is granted to a person under subsection (1) of this section, or a residence permit is subsequently granted to a person by reason of a residence visa having been issued under that subsection, no requirements may be imposed on the person under section 18A(2) of this Act unless those requirements are specified in, or of a kind authorised by, the decision of the Board under section 18D(2)(b) of this Act.

    (5) Where the Board makes a recommendation under section 18D(1)(f) of this Act, the Minister—

    • (a) shall consider whether or not a residence visa should be issued or a residence permit granted as an exception to Government policy; and

    • (b) may, if the Minister grants a residence permit to the appellant, impose requirements on the appellant in accordance with section 18A(2) of this Act.

    (6) The Minister is not obliged to give reasons in relation to any decision made as a result of any consideration under subsection (5) of this section, and neither section 36 of this Act nor section 23 of the Official Information Act 1982 shall apply in respect of any such decision.

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

    Section 18E heading: amended, on 9 September 2003, by section 12(2) of the Immigration Amendment Act (No 2) 2003 (2003 No 47).

    Section 18E(1): amended, on 9 September 2003, by section 12(2) of the Immigration Amendment Act (No 2) 2003 (2003 No 47).

    Section 18E(4): amended, on 9 September 2003, by section 12(2) of the Immigration Amendment Act (No 2) 2003 (2003 No 47).

    Section 18E(5): amended, on 9 September 2003, by section 12(2) of the Immigration Amendment Act (No 2) 2003 (2003 No 47).