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Immigration Act 2009

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

213: Effect of suspension

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"What happens when you can't be deported right now"

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If your liability for deportation is suspended, you cannot apply for a different type of visa. The processing of any visa application you made 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 you are in custody, you will be released when your liability for deportation is suspended. An immigration officer will notify the prison manager in writing. You will then be released. If you have to live at a certain place or report to an immigration officer, you will not have to do this when your liability for deportation is suspended. An immigration officer will notify you and your guarantor in writing. You will not have to follow those rules anymore. If you were released on conditions, you will not have to follow those conditions when your liability for deportation is suspended. An immigration officer will notify you in writing. You will not have to follow those conditions anymore. If you meet the conditions set by the Tribunal, the Minister will cancel your liability for deportation. The Minister will notify the Tribunal. If the Tribunal did not set conditions and the suspension period ends, the Minister will cancel your liability for deportation. The Minister will notify you and the Tribunal.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440929.

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Topics:
Immigration and citizenship > VisasImmigration and citizenship > Becoming a citizenImmigration and citizenship > Border control
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Part 7Appeals, reviews, and other proceedings
Orders on determination of appeal

213Effect of suspension

  1. If a person’s liability for deportation is suspended by the Tribunal under section 212, during the period of the suspension—

  2. subsection (2), (3), or (4) applies, as the case may be; and
    1. 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 the person hold a residence class visa.

          1. If the person is in custody under this Act, an immigration officer must immediately notify, in writing, the manager or other person in charge of the prison or other premises in which the person is detained that the person's liability for deportation is suspended, and the person must be immediately released.

          2. If the person is subject to residence or reporting requirements under section 315, an immigration officer must immediately notify, in writing, the person and the person's guarantor (if applicable) that the person's liability for deportation is suspended, and the person ceases to be subject to those requirements.

          3. If the person has been released on conditions under section 324F, an immigration officer must immediately notify, in writing, the person that his or her liability for deportation is suspended, and the person ceases to be subject to those conditions.

          4. If the Minister determines that a person has met any conditions imposed by the Tribunal under section 212(1) for the duration of the suspension, the Minister must cancel the person's liability for deportation and notify the Tribunal accordingly.

          5. If the Tribunal did not impose conditions on the person under section 212(1) and the period of suspension has expired, the Minister must cancel the person's liability for deportation and notify the person and the Tribunal accordingly.

          Notes
          • Section 213(1)(d): amended, on , by section 15 of the Citizenship (Western Samoa) (Restoration) Amendment Act 2024 (2024 No 48).
          • Section 213(4): amended, on , by section 27 of the Immigration (Fiscal Sustainability and System Integrity) Amendment Act 2025 (2025 No 75).