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  • repealed
  • Immigration Act 1987: repealed, at 2 am on 29 November 2010, by section 404 of the Immigration Act 2009 (2009 No 51).
35 Grant of permits
  • (1) Subject to the provisions of this Act, on an application for a permit made in the prescribed manner, the Minister may grant or refuse to grant a permit, as the Minister thinks fit, and may grant such type of permit as the Minister thinks fit regardless of the type for which the application is made.

    (1A) Despite subsection (1), a limited purpose permit may not be granted to a refugee status claimant or a refugee unless that person is at the time the holder of a limited purpose visa or a current limited purpose permit.

    (2) Where an application for a permit is made by or for a person under 17 years of age who is not married or in a civil union, the Minister may decline the application if the Minister believes on reasonable grounds that any parent or guardian of the person does not consent to the making of the application.

    (3) Every permit granted under this Act shall—

    • (a) be in a form approved by the Minister either generally or in any particular case; and

    • (b) except in the case of a pre-cleared permit or a permit granted electronically, be endorsed on the applicant's passport or certificate of identity or, if that is not practicable, given to the applicant in such other manner as the Minister may determine; and

    • (c) in the case of a pre-cleared permit, be entered and retained in the records of the Department of Labour in accordance with section 35E of this Act; and

    • (d) in the case of a permit granted electronically, be entered and retained in the records of the Department of Labour in accordance with section 35AB.

    (4) [Repealed]

    Section 35(1A): inserted, on 1 October 1999, by section 27(1) of the Immigration Amendment Act 1999 (1999 No 16).

    Section 35(2): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

    Section 35(3)(b): amended, on 15 September 1993, by section 9(1) of the Immigration Amendment Act 1993 (1993 No 100).

    Section 35(3)(b): amended, on 1 October 1999, by section 27(2) of the Immigration Amendment Act 1999 (1999 No 16).

    Section 35(3)(c): inserted, on 15 September 1993, by section 9(2) of the Immigration Amendment Act 1993 (1993 No 100).

    Section 35(3)(c): amended, on 1 October 1999, by section 27(3) of the Immigration Amendment Act 1999 (1999 No 16).

    Section 35(3)(d): inserted, on 1 October 1999, by section 27(3) of the Immigration Amendment Act 1999 (1999 No 16).

    Section 35(4): repealed, on 15 September 1993, by section 17(1) of the Immigration Amendment Act 1993 (1993 No 100).

    Section 35(4)(b): repealed, on 19 December 1989, by section 2 of the Immigration Amendment Act (No 2) 1989 (1989 No 144).