Special Cases
Section 61 - Unlawfully Overstaying
Do you know anyone currently residing in New Zealand without legal authorisation and in need of assistance? Individuals who are unlawfully overstaying in the country can extend their visa under the Section 61 immigration act NZ. It serves as a glimmer of hope for them.
This system is based on the Minister of Immigration’s absolute discretion, who has the power to make important decisions.
Those decisions could have a significant impact on the lives of these people.
For those who have broken immigration laws, the Section 61 request offers some hope. However, the parameters imposed under the law are strict. The subtleties of the section 61 immigration process, its restrictions, and the decision-makers obligations are all covered In this page.
If your situation falls under 61 immigration act of NZ, you can contact Auckland South Immigration Consultants at any time. We will provide guidance on the subsequent steps to take. We shall also submit the request to immigration authorities. Our only goal with the request is to make you lawful again.
Limitations and Exclusions In Section 61
Not all individuals unlawfully present in New Zealand are entitled to a Section 61 visa request. The legal framework explicitly outlines who may not avail themselves of this avenue. Those who hold a deportation order, individuals falling under Sections 15 or 16, and those who previously held limited visas but seek to extend their stay beyond the visa’s expiry are all excluded from the Section 61 process.
Furthermore, refugee applicants or individuals whose applications have been declined and who previously held a temporary visa are prohibited from utilizing this route.…
Below is a detailed outline of individuals not entitled to Section 61 visas:
- A person staying unlawfully in the country has a statutory obligation to leave New Zealand and he/she is also not eligible to request a visa under section 61.
- A refugee applicant or a person who is no longer an applicant because their application has been declined and who held a temporary visa is not entitled to request a visa under Section 61.
- A person holding a limited visa before its expiry may not request a visa under Section 61.
- A person given a deportation order is not entitled to a visa under Section 61.
- A visa under Section 61 cannot be granted to an individual falling within Sections 15 or 16, unless it aligns with a specific directive.
- In accordance with section 61, the decision-maker has no obligation to consider a request for a new visitor visa or any other visa that an individual previously held and has expired.
- The decision maker also has no obligation to enquire about the current circumstances of the person staying unlawfully.
- Under Section 11, the decision maker also has no obligation to provide reasons for any decision relating to a purported application other than Section 61(2) applies.
The Decision Maker’s Discretion
The core of the Section 61 visa request procedure is summed up in Section 11 of the legal framework. It says that decision-makers have no obligation to consider such requests, inquire into the applicant’s background, or look for more details. This clause further explains that, aside from decisions made in accordance with Section 61(2), the decision-maker is not required to give explanations for any decisions.
This is done on purpose to emphasize how flexible the process is, aligning with the overarching principle that absolute discretion is vested in the Minister of Immigration.
Although the Section 61 visa request procedure operates within the confines of the law, it is crucial to understand the wider aftermath of these choices. People living in New Zealand illegally are in a dangerous situation because they lack the privileges and protections that others enjoy.
Decision-makers must strike a balance between their discretion and their sense of humanity and compassion. Each case’s specific circumstances demand a multifaceted approach that considers both legal requirements and the possibility of having a beneficial social impact.
The Section 61 visa application procedure in New Zealand is a prime example of the fine line that must be drawn between the demands of the law and the needs of the afflicted. The Minister of Immigration’s unrestricted discretion reflects a complex web of factors. Those factors must be considered while determining the status of those who are present illegally.
While stringent in its restrictions, the procedure highlights the nation’s dedication to preserving the law while acknowledging the difficulties that come with immigration. The Section 61 visa request procedure continues to be a key tool in determining New Zealand’s immigration landscape as the country struggles to deal with the issues posed by those living there illegally.
