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Immigration Act 2009

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

445: Persons eligible for reconsideration before former Act repealed

You could also call this:

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

You can apply for reconsideration of a decision to decline your application for a further temporary permit if two things are true:

  1. Just before section 404 of this Act started, you were eligible to apply for reconsideration under section 31 of the old Act.

  2. You are legally in New Zealand.

If both these things are true, you can apply for reconsideration as if you were applying under section 185 of this new Act. The new Act will apply to your application, 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=DLM1441399.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Government and voting > Government departments
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444: Reconsiderations not determined before former Act repealed, or

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

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446: Appeals not determined by appeals body (other than Refugee Status Appeals Authority) before former Act repealed, or

“Handling unfinished immigration appeals from the old law”

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

445Persons eligible for reconsideration before former Act repealed

  1. Subsection (2) applies to a person if—

  2. the person was, immediately before the commencement of section 404 of this Act, eligible to apply for reconsideration of a decision to decline his or her application for a further temporary permit under section 31 of the former Act; and
    1. the person is lawfully in New Zealand.

      1. The person may apply for reconsideration of the decision as if the application were an application for reconsideration of a decision to decline a temporary visa under section 185 of this Act, and this Act applies accordingly with any necessary modifications.