Plain language law

New Zealand law explained for everyone

Immigration Act 2009

Deportation - Liability for deportation

162: Deportation liability if refugee or protection status cancelled under section 146

You could also call this:

“You can be deported if your refugee or protected person status is cancelled”

If you’re not a New Zealand citizen and you were once recognised as a refugee or protected person, you can be deported if your recognition is cancelled under section 146.

If this happens, you’ll get a notice saying you might be deported. You have 28 days from when you get this notice to appeal to the Tribunal. You can appeal against being deported in two ways:

If you got your refugee or protected person status by tricking the system (like using fraud, fake documents, lying, or hiding important information), and you’ve been found guilty of doing this, you can only appeal based on humanitarian reasons.

In any other case, you can appeal based on the facts of your situation and humanitarian reasons.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440850.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Crime and justice > Courts and legal help
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161: Deportation liability of residence class visa holder convicted of criminal offence, or

“Residence visa holders can be deported for certain crimes”

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163: Deportation liability of persons threatening security, or

“You can be deported if considered a security threat”

Part 6 Deportation
Liability for deportation

162Deportation liability if refugee or protection status cancelled under section 146

  1. A person who is not a New Zealand citizen and who was previously recognised as a refugee or a protected person is liable for deportation if his or her recognition is cancelled under section 146.

  2. The person 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—

  3. on humanitarian grounds only, if the person has been convicted of an offence where it is established that he or she acquired recognition as a refugee or a protected person by fraud, forgery, false or misleading representation, or concealment of relevant information; or
    1. on the facts and on humanitarian grounds, in any other case.

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