Plain language law

New Zealand law explained for everyone

Immigration Act 2009

Deportation - Liability for deportation

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

You could also call this:

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

If you have a temporary entry class visa, the Minister can decide to deport you if they think there’s a good enough reason. You have 14 days after you get a notice to explain why you shouldn’t be deported. But this doesn’t apply if you have a limited visa or if the Minister says you’re an excluded person.

If you have a temporary visa or interim visa and you’re told you might be deported, you can appeal to the Tribunal within 28 days. You can do this for humanitarian reasons.

The Minister can have many reasons to deport you. These can include breaking the rules of your visa, committing crimes, issues with your character, hiding important information when you applied for your visa, or if your situation has changed and you no longer meet the rules for your visa.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440844.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Government and voting > Government departments
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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”

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158: Deportation liability of residence class visa holder due to fraud, forgery, etc, or

“You may be sent back if you obtained your residence visa using false information”

Part 6 Deportation
Liability for deportation

157Deportation liability of temporary entry class visa holder for cause

  1. A temporary entry class visa holder is liable for deportation if the Minister determines that there is sufficient reason to deport the temporary entry class visa holder.

  2. The person has 14 days from the date of service of the deportation liability notice to give good reason why deportation should not proceed.

  3. Subsection (2) does not apply if—

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

      1. A temporary visa holder or interim visa holder who is 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 on humanitarian grounds against his or her liability for deportation.

      2. For the purposes of subsection (1), sufficient reason includes, but is not limited to,—

      3. breach of conditions of the person’s visa:
        1. criminal offending:
          1. other matters relating to character:
            1. concealing relevant information in relation to the person’s application for a visa:
              1. a situation where the person’s circumstances no longer meet the rules or criteria under which the visa was granted.

                Notes
                • Section 157(5)(d): amended, on , by section 41 of the Immigration Amendment Act 2015 (2015 No 48).