210Tribunal may order grant of visa on allowing appeal against liability for deportation

1. Without limiting section 209, if the Tribunal decides that an appeal against liability for deportation should be allowed in the case of a person who is unlawfully in New Zealand or is the holder of a temporary entry class visa, the Tribunal may order an immigration officer to grant the successful appellant—

2. a resident visa subject to such conditions (if any) as the Tribunal determines; or
3. a temporary visa for a period not exceeding 12 months subject to such conditions (if any) as the Tribunal determines.

4. If a temporary visa is granted following an order made under subsection (1)(b), no further appeal against liability for deportation may be brought by the holder upon the expiry of the visa or upon the holder earlier becoming liable for deportation.

5. The Tribunal may order the imposition of any condition on the grant of a resident visa that it thinks fit, having regard to the reasons why the appellant was able to demonstrate exceptional circumstances of a humanitarian nature or why it was not contrary to the public interest to allow the appellant to remain in New Zealand, whether or not the condition is of a kind authorised by residence instructions.

6. To avoid doubt, the Tribunal may order an immigration officer to grant a visa, and the officer must grant the visa, even though the person would normally be prohibited from being granted a visa under section 15 or 16.

7. If the Tribunal orders the imposition of any condition on a visa,—

8. the condition must be treated as if it were a condition imposed by the Minister under section 50 or 52 (as the case may be); and
9. the condition must be notified to the visa holder in writing; and
10. section 56(1) requires the holder to comply with the conditions of the visa.

11. The chief executive must ensure that the terms of an order given under this section are complied with.

Compare

• 1987 No 74 s 52