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Immigration Act 2009

Repeals, transitional provisions, saving provisions, and related matters - Transitional and savings provisions - Reconsiderations

444: Reconsiderations not determined before former Act repealed

You could also call this:

“Undecided permit reconsiderations continue under old law, with new visas issued if approved”

If you asked for your temporary permit application to be looked at again under section 31 of the old law, and it wasn’t decided before the new law started, it will still be looked at under the old law.

If, after looking at your application again, the Minister or an immigration officer decides to give you a visa, you’ll get the matching visa and permission to enter New Zealand under the new law. This is decided based on section 412 of the new law. The new law will apply to your case with any changes that are needed to make it work.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441398.

Topics:

Immigration and citizenship > Visas

Immigration and citizenship > Border control

Government and voting > Government departments

443: Detention under former Act with warrant, or

“Old warrants for detention remain valid, but new ones follow current law”

445: Persons eligible for reconsideration before former Act repealed, or

“Who can ask for a second look at their denied temporary permit request”

Part 12 Repeals, transitional provisions, saving provisions, and related matters
Transitional and savings provisions: Reconsiderations

444Reconsiderations not determined before former Act repealed

An application for the reconsideration of a decision to decline an application for a further temporary permit under section 31 of the former Act not determined before the commencement of section 404 of this Act must be determined in accordance with section 31 of the former Act.
If, after reconsideration, the Minister or an immigration officer grants a visa to the person to whom the application relates, the person must be granted the equivalent visa, and entry permission, under this Act as determined under section 412 of this Act, and this Act applies accordingly with any necessary modifications.