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Immigration Act 2009

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

213: Effect of suspension

You could also call this:

“What happens when your deportation is suspended”

When the Tribunal suspends your liability for deportation under section 212, several things happen during the suspension period. You can’t apply for a different type of visa, and if you’ve already applied, the processing of that application will be paused. You also can’t be granted citizenship based on having a residence class visa, except in specific cases.

If you’re being held in custody, an immigration officer must tell the person in charge of where you’re being held that your deportation is suspended. You must be released right away.

If you have to live in a certain place or report to someone as required by section 315, an immigration officer must tell you and your guarantor (if you have one) that your deportation is suspended. You don’t have to follow those requirements anymore.

If you were released with conditions under section 320, an immigration officer must tell you that your deportation is suspended. You don’t have to follow those conditions anymore.

If the Minister decides you’ve met all the conditions set by the Tribunal under section 212(1) for the whole suspension period, they must cancel your liability for deportation and let the Tribunal know.

If the Tribunal didn’t set any conditions for you under section 212(1) and the suspension period has ended, the Minister must cancel your liability for deportation. They must then tell you and the Tribunal about this.

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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.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Government and voting > Government departments
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212: Tribunal may suspend liability for deportation on allowing humanitarian appeal, or

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

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214: Effect of suspension on appeal, or

“What happens to your deportation appeal when deportation is suspended”

Part 7 Appeals, 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 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 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 320, 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.