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Immigration Act 2009

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

216: Tribunal may make order delaying deportation if appeal unsuccessful

You could also call this:

“Tribunal can delay deportation or grant temporary visa after unsuccessful appeal”

If your appeal against deportation is not successful, the Tribunal might still help you stay in New Zealand for a short time to get your affairs in order. They can do this in two ways. First, they might delay your deportation for up to 12 months from when they make their decision. Second, they might give you a temporary visa that lasts for up to 12 months from when they make their decision.

If the Tribunal gives you a temporary visa, you can’t appeal again when the visa runs out or if you become liable for deportation before it ends. This means you only get one chance to appeal, even if you’re allowed to stay for a little while longer.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440932.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Government and voting > Government departments
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215: Tribunal may reduce or remove period of prohibited entry under deportation order, or

“Tribunal can change how long you're banned from entering NZ after deportation”

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217: Immigration and Protection Tribunal, or

“A group that reviews immigration decisions and handles related matters”

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

216Tribunal may make order delaying deportation if appeal unsuccessful

  1. On declining an appeal against liability for deportation, if the Tribunal considers it necessary to enable the appellant to remain in New Zealand for the purposes of getting his or her affairs in order, it may order—

  2. that the deportation of the appellant be delayed for a period not exceeding 12 months, commencing on the date of the Tribunal's decision; or
    1. that a temporary entry class visa, valid for a period not exceeding 12 months, commencing on the date of the Tribunal's decision, be granted to the appellant.

      1. If the Tribunal orders the grant of a visa 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.