Section 190 — Immigration Act 2009: Procedure where appeal successful or Tribunal makes recommendation

190 Procedure where appeal successful or Tribunal makes recommendation (1) The Minister or an immigration officer must grant a residence class visa (and if necessary grant entry permission) to the appellant where the Tribunal reverses a decision under section 188(1)(b) or (c) . (2) However, nothing in subsection (1) requires a residence class visa or entry permission to be granted to a person— (a) until the normal requirements for providing any certificate or other material that is required before a visa or entry permission can be granted have been complied with, where the certificate or other material— (i) was not supplied to the Minister or the immigration officer concerned before the date on which the decision appealed against was made; or (ii) by reason of the passing of time, is no longer current for the purposes of granting a visa or entry permission under this Act; or (b) where, since the date of the decision that is the subject of the appeal, any matter has arisen or any information has become available in respect of the person that would disqualify that person from being granted a residence class visa or entry permission in terms of both— (i) the residence instructions applicable at the time of the relevant visa application; and (ii) the residence instructions currently applicable. (3) Where, in reliance on subsection (2)(a), a residence class visa is not immediately granted to a person who is already in New Zealand, the Minister or an immigration officer must grant a temporary visa to the person, being a visa that is current for a period of not less than 6 months. (4) The Minister must not impose any conditions on a resident visa granted under subsection (1), unless the Tribunal has directed the Minister to do so under section 188(2)(b) . (5) Where the Tribunal makes a recommendation under section 188(1)(f) , the Minister— (a) must consider whether a residence class visa should be granted to the appellant as an exception to residence instructions; and (b) may, if he or she grants a resident visa, impose conditions on the visa in accordance with section 50 . (6) The Minister is not obliged to give reasons in relation to any decision made as a result of any consideration under subsection (5), and neither section 27 of this Act nor section 23 of the Official Information Act 1982 applies in respect of any such decision. Compare: 1987 No 74 s 18E