Plain language law

New Zealand law explained for everyone

Immigration Act 2009

Deportation - Liability for deportation

156: Deportation liability if visa held under false identity

You could also call this:

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

You can be sent back to your home country if you have a visa under a fake name. This can happen in two ways. First, if you are found guilty of a crime and the court finds out your real name is different from the name on your visa. Second, if the Minister decides you’re using a fake name for your visa.

If you have a temporary visa or an interim visa and this happens, you have some options. You can ask the Tribunal to let you stay for humanitarian reasons within 42 days of becoming unlawful in New Zealand. If the Minister decided you used a fake name, you have 14 days to explain why you shouldn’t be sent home.

If you have a residence class visa, you also have options. You can ask the Tribunal to let you stay for humanitarian reasons within 42 days of becoming unlawful in New Zealand. If the Minister decided you used a fake name, you have 28 days to tell the Tribunal why you think the decision is wrong.

For these rules, if you got a visa using a fake name, you’re considered to have been unlawfully in New Zealand since you arrived if you’ve always used a fake name. If you used your real name at first and then switched to a fake name, you’re considered unlawful from the day after your real visa ended or was cancelled.

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 It might be out of date or be missing some parts.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=DLM1440843.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Crime and justice > Criminal law
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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”

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157: Deportation liability of temporary entry class visa holder for cause, or

“When you can be deported if you have a temporary visa”

Part 6 Deportation
Liability for deportation

156Deportation liability if visa held under false identity

  1. A person is liable for deportation if—

  2. the person is convicted of an offence where the identity of the person is established, and that identity is different to the identity under which the person holds a visa; or
    1. the Minister determines that the person holds a visa under a false identity.

      1. If a person is liable for deportation under this section and the visa is a temporary visa or interim visa,—

      2. the person may appeal to the Tribunal on humanitarian grounds not later than 42 days after first becoming unlawfully in New Zealand; and
        1. if subsection (1)(b) applies, the person has 14 days from the date of service of a deportation liability notice to give good reason why the deportation should not proceed.

          1. If a person is liable for deportation under this section and the visa is a residence class visa,—

          2. the person may appeal to the Tribunal on humanitarian grounds not later than 42 days after first becoming unlawfully in New Zealand; and
            1. if subsection (1)(b) applies, the person may, not later than 28 days after the date of service of a deportation liability notice, appeal to the Tribunal on the facts against his or her liability for deportation.

              1. For the purposes of subsections (2) and (3), a person to whom a visa has been granted in a false identity is deemed to have been unlawfully in New Zealand since—

              2. the date the person arrived in New Zealand, if he or she has held a visa in a false identity since that date; or
                1. the day after the date on which a visa granted in the person's actual identity expired, or was cancelled without another visa being granted, if he or she has held a visa in his or her actual identity after arriving in New Zealand.