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Immigration Act 2009

Repeals, transitional provisions, saving provisions, and related matters - Transitional and savings provisions - Turnaround, revocation of permits, removal, deportation, and monitoring

432: Revocation of permits, removal orders, and deportation orders

You could also call this:

“Rules for cancelling visas and removing people under the old immigration law”

The old rules about revoking permits, removal orders, and deportation orders still apply to some people, even though there’s a new law. This includes people whose visa or permit was cancelled by the Minister under the old law, people who were told to leave under the old law, and people who were ordered to be deported under the old law.

If you’re one of these people and you started an appeal before the new law came in, but it wasn’t finished, the new rules about finishing appeals will apply to you. If you were allowed to appeal under the old law but hadn’t done it yet when the new law started, the new rules about starting appeals will apply to you.

If you were told to leave or were ordered to be deported under the old law, and you don’t appeal or your appeal doesn’t work, you can be removed or deported from New Zealand. This will be done as if it were a deportation under the new law. You can also be arrested and held under Part 9 of the new law while waiting to be deported.

When figuring out time limits from the old law, any time that passed before the new law started still counts.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441382.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Government and voting > Government departments
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431: Deportation liability of residence class visa holder convicted of criminal offence, or

“You can be deported for crimes if you have a residence visa, even if you got it recently”

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433: Permit granted prior to commencement of section 404 as result of administrative error, or

“Correcting mistakenly granted permits after immigration law change”

Part 12 Repeals, transitional provisions, saving provisions, and related matters
Transitional and savings provisions: Turnaround, revocation of permits, removal, deportation, and monitoring

432Revocation of permits, removal orders, and deportation orders

  1. Despite section 404 of this Act, the former Act continues to apply in relation to a person—

  2. whose visa or permit has been revoked by the Minister under the former Act, whether or not notice of the revocation has been served on the person; or
    1. who is subject to a removal order under the former Act; or
      1. who is subject to a deportation order under the former Act.

        1. Subsection (1) is subject to subsections (3) to (6).

        2. Section 446 of this Act applies to the completion of any appeal lodged by a person to whom subsection (1) applies if the appeal—

        3. was lodged with an appeals body (other than the Refugee Status Appeals Authority) under the former Act; but
          1. was not determined before the commencement of section 404 of this Act.

            1. Section 447 of this Act applies to any appeal by a person to whom subsection (1) applies if—

            2. immediately before the commencement of section 404 of this Act, the person was eligible to appeal to an appeals body (other than the Refugee Status Appeals Authority) under the former Act; and
              1. the person has not yet lodged an appeal.

                1. If a person to whom subsection (1)(b) or (c) applies does not lodge an appeal, or is unsuccessful on appeal, the person may be removed or deported (as the case may be) from New Zealand, and—

                2. the removal or deportation must be effected as if it were a deportation being executed under this Act, and this Act applies accordingly with any necessary modifications; and
                  1. the person is liable for arrest and detention under Part 9 of this Act pending his or her deportation being executed.

                    1. For the purposes of this section, any time periods specified in the former Act must be calculated including any time that has elapsed before the commencement of section 404 of this Act.