A look at the tools available to advisers to resolve problem situations which are not otherwise provided by the Immigration Act or Policy, statutory appeals to the immigration tribunals, or to the Courts. These include specifically:
• Applications under s 35A Immigration Act 1987; and
• Applications for Special Direction to the Minister of Immigration;
• The INZ Complaints Process and use of the Office of the Ombudsman.
Section 35A applications are included here because they are nominally decided by the Minister of Immigration like special directions, and principles of broad discretion are similar.
A main focus of this paper is the equivalent provisions of the new 2009 Act. The Act will come into force on 29 November 2010 and advisers should be prepared to navigate the 2009 Act accordingly.
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