S2.10 Requests from prohibited people

Requests for special directions in relation to people prohibited under sections 15 or 16 of the Immigration Act 2009 from being granted a residence class visa, are decided at various levels, depending on their category under sections 15 or 16.

S2.10.1 Requests from prohibited people

1. Unless the Minister of Immigration has previously declined a request for a special direction, the request should be referred to an officer with Schedule 1-2 delegations for a decision to approve or decline.
2. If the Minister previously declined a special direction request, the request should be referred to the Resolutions Branch, which will then forward it to the Minister for decision.

S2.10.5 People prohibited under section 15(1)(c)(d)(e) or (f)

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

S2.10.10 People prohibited under section 15(1)(a) or section 16

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

S2.10.15 People prohibited under section 15(1)(b)

1. An officer with Schedule 1-2 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 class visa requires the person making the request to be otherwise eligible for the grant of residence class visa under residence instructions.

Effective 29/11/2010