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”

When the Minister suspends your deportation under section 172, you can’t do certain things during that time. You can’t ask for a different kind of visa, and if you’ve already asked for one, they won’t work on it until the suspension is over. Also, you usually can’t become a New Zealand citizen during this time, unless special rules apply.

If you do everything the Minister asked you to do during the suspension, they will cancel your deportation. This means you won’t have to leave New Zealand. The Minister will tell you and the Tribunal when this happens.

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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.

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

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“You can delay appealing your deportation if you have a residence visa”


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175: Service of deportation order, or

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Part 6 Deportation
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 section 7(1)(b)(i) 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.