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Immigration Act 2009

Deportation - Cancellation or suspension of deportation liability

174: Effect of suspension

You could also call this:

"What happens when your deportation is suspended"

Illustration for Immigration Act 2009

If the Minister suspends your liability for deportation under section 172, you cannot apply for a different type of visa while the suspension is in place. The processing of any application you made for a different type of visa must also be suspended. You may not be granted citizenship if you do not hold a residence class visa, except as provided in sections 9 and 10 of the Citizenship Act 1977 and sections 7(1)(b)(i) and 7A of the Citizenship (Western Samoa) Act 1982. If the Minister decides you have met the conditions for the suspension period, they must cancel your liability for deportation and notify you and the Tribunal of this decision, as stated in section 172(2).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440867.

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Topics:
Immigration and citizenship > VisasImmigration and citizenship > Becoming a citizenImmigration and citizenship > Border control
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"You can delay appealing your deportation if you have a residence visa"

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Part 6Deportation
Cancellation or suspension of deportation liability

174Effect of suspension

  1. Where a person’s liability for deportation is suspended by the Minister under section 172, during the period of the suspension—

  2. the person may not apply for a visa of a different class or type; and
    1. the processing of any application made by the person for a visa of a different class or type must be suspended; and
      1. subject to sections 9 and 10 of the Citizenship Act 1977 and sections 7(1)(b)(i) and 7A of the Citizenship (Western Samoa) Act 1982, the person may not be granted citizenship on the basis of meeting a requirement (or requirements) for the grant of New Zealand citizenship that requires the person to hold a residence class visa.

        1. If the Minister determines that a person has met the conditions stated by the Minister under section 172(2) for the period of the suspension, the Minister must—

        2. cancel the person's liability for deportation; and
          1. notify the person and the Tribunal of that fact.

            Notes
            • Section 174(1)(c): amended, on , by section 14 of the Citizenship (Western Samoa) (Restoration) Amendment Act 2024 (2024 No 48).