R9.1 Granting a permit under section 35A

Immigration Act 1987 s 35A

1. The Minister may at any time grant any type of permit to a person who is:
   1. in New Zealand, and
   2. required to hold a permit to be in New Zealand, and
   3. not the holder of a permit to be in New Zealand, and
   4. not subject to a deportation order, and
   5. not subject to a removal order.
2. The Minister's power to grant a permit in a special case has been delegated to officers with schedule 1 delegations.
3. Officers must make decisions on the merits of the individual case balanced against the public interest, and taking into account any relevant international obligations. Current Government policy is relevant, but not a deciding factor.
4. Under section 35A(2), no person has the right to apply for a permit under section 35A, and if a person does make such an application:
   1. the Minister or appropriate immigration officer is not obliged to consider the application, and
   2. whether an 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 35A(2) applies, and
   3. section 23 of the Official Information Act 1982 (concerning the right of access to reasons for decisions) does not apply.

Effective 26/07/1999