Immigration Act 2009

24 Immigration instructions for lapsing of applications for visas

  • (1) The Minister may certify in accordance with section 22 rules or criteria for the lapsing of applications in respect of which no decision to grant a visa has been made, or is likely to be made,—

    • (a) within any stipulated period or by any stipulated date; or

    • (b) by the date on which any relevant quota or limit set under immigration instructions for any particular period is reached; or

    • (c) by any other date on which some other specified event occurs or, as the case may be, has not occurred.

    (2) Rules and criteria set under this section—

    • (a) may differ for different classes or categories of applications:

    • (b) may specify any stage of processing of an application that must be reached within any stipulated period or by any stipulated date if the application is not to lapse.

    (3) The question whether an application meets any rules or criteria for lapsing set under this section is a matter for the discretion of the Minister or an immigration officer, and—

    • (a) no appeal lies against the decision of the Minister or the officer concerned, or the lapsing of the application, whether to the Minister, the Tribunal, a court, or otherwise; and

    • (b) no review proceedings may be brought in any court in respect of—

      • (i) the lapsing of an application for a visa under rules or criteria set under this section; or

      • (ii) the lapsing of an expression of interest in obtaining an invitation to apply for a visa.

    (4) Any decision that an application for a residence class visa, or a temporary entry class visa of a type subject to restricted temporary entry instructions, will lapse must be made in accordance with the rules and criteria applicable at the time the application was made.

    (5) If an application lapses, no further processing or decision in respect of that application is required.

    (6) If an application lapses in accordance with rules and criteria set under this section, the chief executive must refund any application fee paid in respect of the application to the person who paid it, or a person authorised by that person to receive it.

    (7) Nothing in this Act or in any other law or enactment entitles a person whose application has lapsed to recover from the Minister or the Department or any immigration officer any costs associated with the application, or any costs, damages, or compensation associated with the lapsing of the application, other than the application fee refundable under subsection (6).

    (8) In this section (except subsections (6) and (7)), application includes an expression of interest under section 92 in obtaining an invitation to apply.

    Compare: 1987 no 74 s 13BB