RA25 Who may not apply for a residence permit

Immigration Act 1987 s 17(2), 27A

1. Under section 17(2) of the Immigration Act 1987, no person who is in New Zealand unlawfully may apply for a residence permit, and if they do so:
   1. the Minister of Immigration or appropriate immigration officer is not obliged to consider an application from such a person; and
   2. whether the application is considered or not, the Minister or immigration officer is not obliged to give reasons for any decision on it, other than that section 17(2) applies, and
   3. section 23 of the Official Information Act 1982 (concerning the right of access to reasons for decisions) does not apply.
2. In limited circumstances, a person may be given a temporary permit under section 27A of the Immigration Act 1987 in order to participate in a criminal trial (usually as a witness), or to transit New Zealand. If that permit is subject to a condition that the holder may not apply for a residence permit, then that condition may be enforced.

Effective 26/07/99