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The policy in this manual ceases to be effective from 29 November 2010.
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S2.10 Requests from prohibited people

Requests for special directions in relation to people prohibited under section 7(1) of the Immigration Act 1987 from being granted a residence permit, are decided at various levels, depending on their category under section 7(1).

S2.10.1 Requests from prohibited people

  1. Unless the Minister of Immigration has decided a section 63 appeal (pre-1991 jurisdiction) or has previously declined a request for a special direction, the request should be referred to an officer with schedule 1 delegations for a decision to approve or decline.
  2. If the Minister decided the section 63 appeal, or previously declined a special direction request, the request should be referred to the Appeals Branch, which will then forward it to the Minister for decision.

S2.10.5 People prohibited under section 7(1)(d)

  1. The request should be referred to the Appeals Branch along with supporting comment and a recommendation from the processing officer.
  2. The Appeals Branch will then forward the request to the Minister of Immigration for decision.

S2.10.10 People prohibited under section 7(1)(a), (e), (f), (g), (h), and (i)

  1. An officer with schedule 1 delegations may make a decision to decline the request.
  2. Possible approvals should be referred to the Appeals Branch, along with supporting comment.
  3. The Appeals Branch will then forward the request to the Minister of Immigration for decision.

S2.10.15 People prohibited under section 7(1)(b)

  1. An officer with schedule 1 delegations may make a decision to decline or approve the request.
  2. Any approval of a request for a special direction authorising the grant of a residence permit requires the person making the request to be otherwise eligible for the grant of residence under Government Residence policy.

Effective 26/07/1999

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