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New Zealand law explained for everyone

Immigration Act 2009

Deportation - Liability for deportation

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

You could also call this:

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

You can be deported if your visa was given to you by mistake. This can happen if the Minister or an immigration officer finds out that your visa was granted because of an administrative error. However, this only applies if your visa wasn’t cancelled under section 67 and you weren’t given a new visa under section 68.

If you have a temporary visa or an interim visa and this applies to you, you have 14 days after you’re told about your deportation to explain why you shouldn’t be deported. But this doesn’t apply if you have a limited visa or if you’re considered an excluded person.

You can appeal against your deportation within 28 days of being told about it. If you have a residence class visa, you can appeal based on facts and humanitarian grounds. If you have a temporary or interim visa, you can only appeal on humanitarian grounds.

However, you can’t appeal if you’re being deported because you came back to New Zealand when you weren’t allowed to enter the country.

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 It might be out of date or be missing some parts.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=DLM1440842.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Crime and justice > Courts and legal help
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154: Deportation liability if person unlawfully in New Zealand, or

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

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156: Deportation liability if visa held under false identity, or

“You can be deported if you use a false name for your visa”

Part 6 Deportation
Liability for deportation

155Deportation liability if person's visa granted in error

  1. A person is liable for deportation if—

  2. the Minister or an immigration officer determines that the person's visa was granted as a result of an administrative error; and
    1. the visa was not cancelled under section 67; and
      1. no visa was granted to the person under section 68.

        1. The holder of a temporary visa or interim visa to whom this section applies has 14 days from the date of service of a deportation liability notice to give good reason why he or she should not be deported.

        2. Subsection (2) does not apply if—

        3. the person is the holder of a limited visa; or
          1. the Minister or an immigration officer determines that the person is an excluded person.

            1. A person liable for deportation under this section may, not later than 28 days after the date of service of a deportation liability notice, appeal to the Tribunal against his or her liability for deportation—

            2. on the facts and on humanitarian grounds, if the person holds a residence class visa; or
              1. on humanitarian grounds only, in the case of a person holding a temporary visa or an interim visa.

                1. However, subsection (4) does not apply if the person is liable for deportation under this section because the person re-entered New Zealand while he or she was subject to a period of prohibition on entry.

                Notes
                • Section 155(5): inserted, on , by section 40 of the Immigration Amendment Act 2015 (2015 No 48).