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Immigration Act 2009

Appeals, reviews, and other proceedings - Orders on determination of appeal

212: Tribunal may suspend liability for deportation on allowing humanitarian appeal

You could also call this:

“Winning a humanitarian appeal can pause deportation for up to 5 years”

When you win a humanitarian appeal, the Tribunal can stop you from being deported for up to 5 years if you are a resident or permanent resident. The Tribunal might also set some rules you need to follow during this time.

If the Tribunal has stopped your deportation, the Minister can ask the Tribunal to check if you have broken any of the rules. If the Tribunal finds that you have broken the rules, they can make you liable for deportation again. An immigration officer will give you a notice that explains why you can be deported. You then have 28 days to leave New Zealand before you might be deported.

If you are in prison when the Tribunal stops your deportation, the time period starts when you get out of prison.

Even if your deportation is stopped for one reason, you can still be deported for other 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=DLM1440928.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Government and voting > Government departments
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211: Effect of successful appeal against liability for deportation, or

“What happens if you win an appeal against deportation”

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213: Effect of suspension, or

“What happens when your deportation is suspended”

Part 7 Appeals, reviews, and other proceedings
Orders on determination of appeal

212Tribunal may suspend liability for deportation on allowing humanitarian appeal

  1. On allowing any humanitarian appeal the Tribunal may, in the case of a resident or permanent resident, make an order suspending the appellant’s liability for deportation for a period not exceeding 5 years, subject to such conditions (if any) as the Tribunal determines.

  2. If a person’s liability for deportation has been suspended by the Tribunal under subsection (1), the Minister may subsequently apply to the Tribunal for a determination on whether the person has failed to meet any condition imposed by the Tribunal.

  3. If the Tribunal determines that the person has failed to comply with any condition,—

  4. the Tribunal may reactivate the person's liability for deportation by causing an immigration officer to serve a deportation liability notice on the person that sets out the grounds of the reactivation; and
    1. the person has 28 days from the date the notice is served to leave New Zealand before he or she may be deported.

      1. In the case of a person in imprisonment, the period referred to in subsection (1) commences on the date of the person’s release from imprisonment.

      2. The suspension of a person’s liability for deportation does not prevent the person from becoming liable for deportation on other grounds.