Immigration Act 2009

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Relationship between this Act and Human Rights Act 1993

392 Relationship between this Act and Human Rights Act 1993
  • (1) The Human Rights Commission may perform, in relation to immigration matters, all of its functions (as described in section 5 of the Human Rights Act 1993), including—

    • (a) making public statements in relation to any matter affecting human rights:

    • (b) receiving and inviting representations from members of the public on any matter affecting human rights:

    • (c) inquiring generally into any matter, practice, or procedure if it appears to the Commission that the matter involves, or may involve, the infringement of human rights:

    • (d) reporting to the Prime Minister on any matter affecting human rights.

    (2) However, despite anything in the Human Rights Act 1993,—

    • (a) no complaint may be made under that Act in respect of—

      • (i) the content or application of this Act or any regulations made under this Act; or

      • (ii) the content or application of any immigration instructions made in accordance with section 22:

    • (b) the Human Rights Commission may not, in relation to any matter referred to in paragraph (a),—

      • (i) bring any proceedings of a kind referred to in section 5(2)(i) of the Human Rights Act 1993; or

      • (ii) exercise in relation to any proceedings the powers conferred by section 5(2)(j) of that Act (which relates to applications to a court or tribunal to be appointed as intervener or counsel, or taking part in proceedings in any other way).

    (3) This section recognises that immigration matters inherently involve different treatment on the basis of personal characteristics.

    Compare: 1987 No 74 ss 149C, 149D