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  • repealed
  • Immigration Act 1987: repealed, at 2 am on 29 November 2010, by section 404 of the Immigration Act 2009 (2009 No 51).
114L Resumption of normal immigration processes where certificate not confirmed on review, or certificate or Ministerial notice withdrawn
  • (1) This section applies in respect of a person named in a Ministerial notice given under section 114G if—

    • (a) the Inspector-General has given notice under section 114J that the certificate was not properly made; or

    • (c) the Ministerial notice is withdrawn under section 114N, or the Minister decides under that section that the relevant security criterion should not be applied to the person in question, or decides under section 114N to revoke his or her decision to rely on the confirmed certificate; or

    • (d) the Minister fails to make a final decision in respect of the certificate within the period of 3 working days referred to in section 114K(1).

    (2) Where this section applies, the chief executive must ensure that—

    • (a) the person is released from custody immediately; and

    • (b) any immigration processing or appeal that was stopped in reliance on section 114G immediately recommences; and

    • (c) the person is advised, if any application or other matter had not been accepted for processing in reliance on section 114G(4)(b), that the application or matter will now be accepted for processing; and

    • (d) where the person's case was before the Tribunal, an Authority, the Board, the District Court, or High Court before the certificate was made, the relevant body is immediately notified in the prescribed manner of the failure to confirm the certificate or the withdrawal of the certificate or Ministerial notice or other relevant Ministerial decision, so that it can resume consideration of the matter that was before it.

    (3) Where any proceedings have lapsed under section 114K(5) by reason of notification under section 114K(3)(a) of the Minister's decision to rely on a confirmed security risk certificate,—

    • (a) those proceedings will nevertheless be treated as not having lapsed if notification of a revocation of that decision is received by the relevant Tribunal, Authority, the Board, or Court under subsection (2)(d) of this section; and

    • (b) those proceedings continue accordingly from the time of notification of the revocation, with any time limits relating to the proceedings extended by the period of any lapse under section 114K(5).

    (4) Where any immigration processing or appeal recommences under subsection (2)(b), or commences as a result of advice given under subsection (2)(c), the officer or body concerned is not to take into account the fact that the provisions of this Part had been applied to the person.

    Section 114L: inserted, on 1 April 1999, by section 35 of the Immigration Amendment Act 1999 (1999 No 16).

    Section 115L(2)(d): amended, on 9 September 2003, by section 12(2) of the Immigration Amendment Act (No 2) 2003 (2003 No 47).

    Section 115L(3)(a): amended, on 9 September 2003, by section 12(2) of the Immigration Amendment Act (No 2) 2003 (2003 No 47).