Immigration Amendment Act 2003

  • repealed
  • Immigration Amendment Act 2003: repealed, at 2 am on 29 November 2010, pursuant to section 404 of the Immigration Act 2009 (2009 No 51).

Part 2
Validation of processing, and lapsing, of applications

5 Past order and manner of processing applications deemed valid
  • (1) Any—

    • (a) failure by a visa officer or an immigration officer or the Minister to process an application for a visa or permit (including a residence visa or residence permit); or

    • (b) decision by a visa officer or an immigration officer or the Minister to process or not to process an application for a visa or permit (including a residence visa or residence permit

    occurring or made before the commencement of this Act is deemed to have been validly done in accordance with the discretion of a visa officer or immigration officer to determine the order and manner of processing an application.

    (2) No appeal lies against any decision to process or not to process an application for a visa or permit (including a residence visa or a residence permit, and including any such decision made before the commencement of this Act), whether to an Authority, the Board, the Tribunal, the Minister, any court, or otherwise.

    (3) No review proceedings may be brought in any court in respect of any failure to process, or any decision to process or not to process, an application for a visa or permit (including a residence visa or a residence permit, and including any such failure or any such decision occurring or made before the commencement of this Act).

    (4) In this section,—

    • (a) a reference to a failure to process an application includes a reference to a failure to continue to process an application:

    • (b) a reference to a decision to process an application includes a reference to a decision to continue to process an application:

    • (c) a reference to a decision not to process an application includes a reference to a decision not to continue to process an application.

    Section 5(2): amended, on 9 September 2003, by section 12(3) of the Immigration Amendment Act (No 2) 2003 (2003 No 47).