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  • repealed
  • Immigration Amendment Act 2003: repealed, at 2 am on 29 November 2010, pursuant to section 404 of the Immigration Act 2009 (2009 No 51).
6 Lapsing of certain applications made before 20 November 2002
  • (1) All applications for residence visas or residence permits made before 20 November 2002 under the general skills category of Government residence policy that have not been decided as at the commencement of this Act are treated as lapsed, except where, as at the beginning of 1 July 2003 in respect of any such application,—

    • (a) the principal applicant—

      • (i) had claimed points for an offer of employment classed as relevant under the Government residence policy applying to that application; or

      • (ii) had claimed 28 or more points under the Government residence policy applying to that application; or

      • (iii) had been issued a work visa or granted a work permit for the purpose of obtaining an offer of employment in New Zealand; or

      • (iv) had been invited in writing by a visa officer or an immigration officer to apply for a work visa or work permit for the purpose of obtaining an offer of employment in New Zealand; or

    • (b) the application had been processed by a visa officer or an immigration officer to the point where the officer was satisfied that—

      • (i) the principal applicant and all other applicants included in the application met the health, character, and English language requirements applying to that application; and

      • (ii) the application had been awarded sufficient points to meet or exceed the points passmark applying to that application; and

      • (iii) all evidential and verification requirements necessary to demonstrate eligibility under the general skills category were met; or

    • (c) the application has been the subject of a decision by the Residence Appeal Authority made under section 18D(1)(d), (e), or (f) of the principal Act.

    (2) The effect of an application being treated as lapsed is that no further processing or decision in respect of the application is required.

    (3) Where an application is lapsed 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.

    (4) Nothing in this Act or the principal Act or in any other law or enactment entitles a person whose application is lapsed under this section to recover from the Minister or the Department or any visa officer or immigration officer any costs associated with the application, other than the prescribed application fee.

    (5) Section 13C of the principal Act does not apply to the lapsing of an application under this section.

    (6) The question whether or not an application meets the criteria set out in subsection (1) is a matter for the discretion of a visa officer or immigration officer, and no appeal lies against the decision of the officer concerned, or the lapsing of the application, whether to an Authority, the Board, the Minister, any court, or otherwise.

    (7) No review proceedings may be brought in any court in respect of the lapsing under this section of an application for a residence visa.

    (8) In this section, decided, in relation to an application for a visa or a permit, means that a decision whether or not to issue the visa or grant the permit has been made by the Minister or a visa officer or immigration officer, whether or not that decision has been communicated to the applicant and whether or not any associated visa or permit has been issued or granted.

    Section 6(6): amended, on 9 September 2003, by section 12(3) of the Immigration Amendment Act (No 2) 2003 (2003 No 47).