E8.1 Granting a visa under section 61 (26/03/2012)
See also Immigration Act 2009 ss 11, 20, 61
- The Minister may at any time grant any type of visa to a person who is:
- unlawfully in New Zealand; and
- not a person in respect of whom a deportation order is in force.
- The Minister's power to grant a visa in a special case has been delegated to officers with Schedule 3 delegations or above.
- As the grant of a visa under section 61 is a matter of absolute discretion, no person has the right to apply for a visa under section 61, and if a person purports to make such an application by requesting the grant of a visa under section 61:
- the Minister or appropriate immigration officer is not obliged to consider the purported application; and
- the Minister or appropriate immigration officer is not obliged to make further enquiries or inquire into the circumstances of the person or any other person, and
- whether a purported 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 11 applies; and
- section 23 of the Official Information Act 1982 and section 27 of the Immigration Act 2009 (concerning the right of access to reasons for decisions) do not apply.