How to appeal and avoid deportation in New Zealand

Becoming unlawful in New Zealand due to overstaying your visa or breaching visa conditions exposes you to the risk of deportation. However, the legal framework in New Zealand provides an opportunity for individuals in this situation to appeal their deportation liability under specific conditions and within set timeframes.

An estimate by Immigration New Zealand in 2017 indicated approximately 14,000 migrants were in New Zealand without valid visas at that time. Annually, nearly 1,000 people face deportation, although this number shows a decreasing trend.

Table 1: Summary of deportations for each of the past 5 fiscal years

Source:https://www.immigration.govt.nz/

Understanding Your Liability for Deportation

You are liable for deportation from New Zealand if any of the following conditions apply to you:

• Visa Expiry: Staying in New Zealand beyond the expiry date of your visa.
• Breach of Visa Conditions: Violating the conditions of your visa, such as engaging in employment on a visitor visa.
• Criminal Conviction: Being convicted of a criminal offence in New Zealand.
• False or Misleading Information: Providing false or misleading information or withholding relevant information in any visa application or request you were included.

Section 61 Requests

Suppose you are in New Zealand unlawfully and wish to regularize your status. In that case, you may request Section 61 of the Immigration Act. This section allows individuals unlawfully in New Zealand to make a one-off request for a visa. Still, there is no entitlement or guarantee of approval. The authority to issue a visa under Section 61 rests solely with Immigration New Zealand (INZ), and this decision cannot be challenged or reviewed.

Appealing Deportation

Eligibility for Appeal

You may appeal against your deportation liability based on your specific circumstances and the timing of when the liability was established. However, you are ineligible to appeal if your last visa was a limited one.

Timeframes for Appeal

• Unlawful Status: If you are unlawfully in New Zealand, you must appeal within 42 days of becoming unlawful or within 42 days of receiving notification that your last visa application was declined.
• Other Reasons for Deportation: If you are liable for deportation for reasons other than unlawful status, you typically have 28 days to appeal when you receive a deportation liability notice.

Where to Appeal

Appeals are processed by the Immigration & Protection Tribunal, which operates under the administration of the Ministry of Justice. This tribunal assesses appeals and makes decisions based on each case’s specifics, considering the individual’s circumstances individual’s circumstances and the legal requirements.

Conclusion

Facing deportation is daunting, yet the appeal process offers a potential path for contesting liability. Key to navigating this challenging situation is understanding the reasons for deportation, appeal eligibility, and strict appeal timeframes. 

To avoid deportation, especially in complex cases like Section 61 requests, consulting with a licensed immigration advisor is highly recommended. The licensed immigration professionals can provide tailored advice and support, enhancing the chances of regularizing your status or successfully appealing deportation in New Zealand.

Reference:

https://www.immigration.govt.nz/

About ICL Immigration

ICL Immigration, based in Auckland, is an established licensed immigration adviser with over 20 years of experience and a remarkable 97% approval rate. We’ve helped over 1,000 immigrants realise their New Zealand settlement dreams.

We specialise in a broad spectrum of visa services, including work, residency, student visas, and complex cases like Section 61, IPL Appeal, ensuring personalised solutions for individuals and businesses aiming to navigate New Zealand’s immigration landscape successfully.