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  • repealed
  • Immigration Act 1987: repealed, at 2 am on 29 November 2010, by section 404 of the Immigration Act 2009 (2009 No 51).
130 Special directions
  • (1) The Minister may from time to time give to the chief executive of the Department of Labour, or to any other immigration officer or to any visa officer, either in writing or orally, a special direction in respect of—

    • (a) any person, permit, visa, or document; or

    • (b) any 2 or more persons, permits, visas, or documents where by reason of any specific event, occurrence, or unusual circumstances there is a common link between those persons, permits, visas, or documents,—

    in relation to any matter for which such a direction is contemplated by any of the provisions of this Act or of any regulations made under this Act.

    (1A) The Minister may from time to time give in writing a special direction classifying persons who require transit visas for the purposes of section 14E, and section 14E(2B) applies in respect of any such direction.

    (2) Where any special direction is given orally, the chief executive of the Department of Labour or another immigration officer shall, as soon as possible thereafter, make a written record of the content and date of the direction.

    (3) A special direction may be subject to such conditions as the Minister thinks fit.

    (4) A special direction may revoke or amend any previous special direction.

    (5) Nothing in this section shall limit or affect the powers of the Minister to give all such instructions to the chief executive of the Department of Labour as the Minister thinks fit in the ordinary course of the administration of the immigration portfolio and of this Act.

    (6) Nothing in this section, or in any other provision of this Act that refers to or confers a power to make any special direction, gives any person a right to apply for a special direction, or for any visa or permit in circumstances where the issue or grant of the visa or permit would be dependent on the giving of a special direction, and where any person purports to make any such application—

    • (a) the Minister or appropriate visa officer or immigration officer is under no obligation to consider the application; and

    • (b) whether the application is considered or not,—

      • (i) the Minister or appropriate officer is not obliged to give reasons for any decision relating to the application, other than the reason that this subsection applies; and

      • (ii) section 36 of this Act and section 23 of the Official Information Act 1982 shall not apply in respect of the application.

    Section 130(1): substituted, on 16 October 1989, by section 2(8)(a) of the Labour Department Act Repeal Act 1989 (1989 No 82).

    Section 130(2): substituted, on 16 October 1989, by section 2(8)(a) of the Labour Department Act Repeal Act 1989 (1989 No 82).

    Section 130(5): substituted, on 16 October 1989, by section 2(8)(a) of the Labour Department Act Repeal Act 1989 (1989 No 82).

    Section 130(1): amended, on 1 October 1999, by section 41(1) of the Immigration Amendment Act 1999 (1999 No 16).

    Section 130(1A): inserted, on 1 October 1999, by section 41(2) of the Immigration Amendment Act 1999 (1999 No 16).

    Section 130(6): inserted, on 18 November 1991, by section 40 of the Immigration Amendment Act 1991 (1991 No 113).