New Zealand Acts

IMMIGRATION ACT 2009 - SECT 26

26 How claims and applications for visas and entry permission processed

1 The order and manner of processing any application for a visa or entry permission is a matter for the discretion of the Minister or an immigration officer.

2 Subsection (1) applies unless immigration instructions that particularly relate to the order or manner of processing applications for residence class visas, temporary entry class visas, or transit visas require otherwise.

3 The order and manner of processing any claim is a matter for the discretion of a refugee and protection officer.

3A Subsection (3) applies unless regulations made under section 400 require otherwise.

4 However, the chief executive may give general instructions to immigration officers and refugee and protection officers on the order and manner of processing any application or claim, or specified classes of application or claim, and, if so, an immigration officer or a refugee and protection officer must process an application or claim in accordance with those instructions.

5 In giving any instructions, the chief executive may have regard to such matters as the chief executive thinks fit.

6 General instructions may apply to any or all applications or claims regardless of the fact that—

a) the general instructions may be different from those existing at the time that the applications or claims were made; or

b) the general instructions may result in applications or claims being processed in a different order or manner than would otherwise have occurred.

7 The question whether an application or claim is processed in an order and manner consistent with any general instructions is a matter for the discretion of the immigration officer or refugee and protection officer concerned, and—

a) no appeal lies against his or her decision, 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) any general instructions; or

ii) the application of any general instructions; or

iii) any failure by the Minister or an immigration officer to process, or to continue to process, an application; or

iv) any decision by the Minister or an immigration officer to process (including a decision to continue to process), or any decision not to process (including a decision not to continue to process), an application.

8 The chief executive may make arrangements for providing assistance to the Minister, immigration officers, and refugee and protection officers in processing applications and claims.

9 To avoid doubt, general instructions given under this section—

a) are matters of rules and practice of the Department; and

b) are not immigration instructions.

10 To avoid doubt, nothing in this Act, or in any other law or enactment, requires an immigration officer or a refugee and protection officer to process an application or claim in any particular order or manner unless required to do so by—

a) general instructions given under this section; or

b) immigration instructions that particularly relate to the order or manner of processing applications for residence class visas, temporary entry class visas, or transit visas; or

c) regulations made under section 400 .

Note: 1987 No 74 s 13BA

History: Section 26(3A): inserted, on 19 June 2013, by section 6(1) of the Immigration Amendment Act 2013 (2013 No 39).   Section 26(10)(b): amended, on 19 June 2013, by section 6(2) of the Immigration Amendment Act 2013 (2013 No 39).     Section 26(10)(c): inserted, on 19 June 2013, by section 6(3) of the Immigration Amendment Act 2013 (2013 No 39).