Special Cases
Deportation
Deportation liability is triggered by:
- Staying in New Zealand unlawfully (i.e. beyond a visa expiry date)
- Staying in New Zealand on a visa granted in error
- Staying in New Zealand on a visa obtained under a false identity.
The Minister of Immigration determining there is sufficient reason to make a temporary entrant liable for deportation, including:
- Breach of visa conditions
- Criminal offending
- Matters relating to character
- Concealment of relevant information in relation to the person’s visa application
- Where the person’s circumstances no longer meet the rules or criteria under which the visa was granted.
- Obtaining a residence class visa through fraud, forgery etc
- Breaching conditions of a resident visa
- New information prejudicial to character becoming available that, if known at the time a residence class visa was granted, would have meant the visa would have been refused
- A residence class visa holder being convicted of certain criminal offences
- Cancellation of refugee and/or protection status where the person is not a New Zealand citizen
- Being a risk or threat to security.
Appeals
Appeals of any outstanding decisions made under the Immigration Act 1987 are heard by the Immigration and Protection Tribunal. Most decisions made under the Immigration Act 1987 can still be appealed on grounds under the 1987 Act.
This applies regardless of whether the individual:
- is about to lodge an appeal, or
- has lodged an appeal that has not yet been decided.
The exception to the above is for refugee appeals, in order to allow the new protection grounds to be considered at the same time.
email: help@asic.co.nz
