Plain language law

New Zealand law explained for everyone

Immigration Act 2009

Deportation - Liability for deportation

154: Deportation liability if person unlawfully in New Zealand

You could also call this:

“You may be sent back home if you're in New Zealand without permission”

If you are in New Zealand without permission, you can be sent back to your home country. This is called deportation.

You have 42 days from when you first start staying in New Zealand without permission to ask not to be sent home. You can do this by explaining why it would be very hard for you if you had to leave.

Sometimes, you might have asked for permission to stay in New Zealand, but your request was turned down. If this happens and you asked for your case to be looked at again, you get 42 days to ask not to be sent home. This 42 days starts from either the day you no longer had permission to be in New Zealand, or the day you found out your request was turned down - whichever comes later.

There are times when you can’t ask to stay, even if it’s only been 42 days. This happens if your permission to be in New Zealand was taken away because of something in section 64(1)(ab), or if you’ve already had a chance to ask to stay before.

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 It might be out of date or be missing some parts.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=DLM1440841.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
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153: Purpose of Part, or

“This part explains why and how people may be required to leave New Zealand”

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155: Deportation liability if person's visa granted in error, or

“You could be deported if your visa was given to you by mistake”

Part 6 Deportation
Liability for deportation

154Deportation liability if person unlawfully in New Zealand

  1. A person unlawfully in New Zealand is liable for deportation.

  2. A person unlawfully in New Zealand may, not later than 42 days after first becoming unlawfully in New Zealand, appeal on humanitarian grounds against his or her liability for deportation.

  3. Subsection (2) applies except if subsection (4) or (5) applies.

  4. If the person is unlawfully in New Zealand following an unsuccessful reconsideration under section 185 of a decision to decline his or her visa application, the person may appeal on humanitarian grounds against his or her liability for deportation not later than 42 days after the later of—

  5. the day on which the person became unlawfully in New Zealand; or
    1. the day on which the person received confirmation of the decision to decline his or her visa application.

      1. A person is not entitled to an appeal under subsection (2) if—

      2. the person is unlawfully in New Zealand following the cancellation of the person's visa under section 64(1)(ab); or
        1. the person has already had an opportunity (whether exercised or not) to appeal against his or her liability for deportation.

          Notes
          • Section 154(3): amended, on , by section 39(1) of the Immigration Amendment Act 2015 (2015 No 48).
          • Section 154(5): inserted, on , by section 39(2) of the Immigration Amendment Act 2015 (2015 No 48).