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Immigration Act 2009

Refugee and protection status determinations - Miscellaneous matters

150: Special provision relating to claimants granted temporary visas

You could also call this:

“Rules for visa claimants awaiting refugee or protection decisions”

This law is about people who ask to be refugees or protected persons in New Zealand and have a temporary visa. If you’re one of these people, or if your request was turned down, there are some things you can’t do:

You can’t ask for another visa while you’re in New Zealand, even after your temporary visa runs out. You also can’t ask for special permission to stay or for a visa under [section 61]. You can’t appeal to the Tribunal under [section 187] either.

But there’s an exception: You can ask for another temporary visa to stay legally in New Zealand while your refugee or protection request is being decided.

You can still appeal to the Tribunal under [section 206] if you need to.

These rules stop applying to you if you’re accepted as a refugee or protected person, if you leave New Zealand, or if you get a visa that’s not a temporary one for waiting on your request.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440834.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Government and voting > Government departments
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Part 5 Refugee and protection status determinations
Miscellaneous matters

150Special provision relating to claimants granted temporary visas

  1. This section applies to any person who—

  2. is a claimant to whom a temporary entry class visa has been granted, whether before or after the person became a claimant; or
    1. having been a person to whom paragraph (a) applies, ceases to be a claimant by virtue of his or her claim being declined.

      1. A person to whom this section applies may not, either before or after the expiry of the temporary entry class visa,—

      2. apply for a further visa of any class or type while in New Zealand; or
        1. while in New Zealand, request a special direction or make a request for the grant of a visa under section 61; or
          1. bring any appeal under section 187 to the Tribunal.

            1. Despite subsection (2)(a), a claimant may apply for a further temporary visa for such period as may be required for the claimant to be lawfully in New Zealand while his or her claim is determined.

            2. Nothing in this section prevents a person from bringing an appeal to the Tribunal under section 206.

            3. This section ceases to apply to a person if and when—

            4. the person is recognised as a refugee or a protected person; or
              1. the person leaves New Zealand; or
                1. the person is granted a visa (other than a temporary visa granted under the exception referred to in subsection (3)).

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