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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

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

You could also call this:

“Correcting mistakenly granted permits after immigration law change”

If you were given a permit under the old law and an immigration officer finds out it was given to you by mistake, here’s what can happen:

If the mistake was found before you left the arrival area or immigration office, and it’s after the new law started, an immigration officer can cancel your permit. They will treat it like a visa under the new law.

If the mistake was found at any other time, instead of making you leave the country, the Minister or an immigration officer can offer you a different visa. They will choose what type of visa and what rules it has. If you agree, they will give you this new visa.

An arrival area means both the arrival halls from the old law and the immigration control areas from the new law.

Remember, the Minister or immigration officer doesn’t have to offer you a new visa. It’s up to them to decide.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441383.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
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432: Revocation of permits, removal orders, and deportation orders, or

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

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434: Liability for deportation in respect of visa deemed to be held under section 415 or 417 of this Act, or

“Automatic visa holders may be deported for reasons predating visa grant”

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

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

  1. Subsection (2) applies if—

  2. a person has been granted a permit under the former Act; and
    1. an immigration officer determines, whether before or after the commencement of section 404 of this Act, that the permit was granted as a result of an administrative error (within the meaning of section 19 or 32 of the former Act); and
      1. the permit was not revoked in the arrival hall, or office of the Department, in which the error was made and discovered, before the commencement of section 404 of this Act.

        1. The Minister or an immigration officer may, in his or her absolute discretion, and, instead of determining that the person is liable for deportation under section 155 of this Act,—

        2. offer the person a visa of a class and type, and subject to the conditions, that the Minister or the immigration officer considers appropriate; and
          1. if the person agrees, grant the visa.

            1. Subsection (4) applies if—

            2. a person has been granted a permit under the former Act; and
              1. an immigration officer determines that the permit was granted as a result of an administrative error (within the meaning of section 19 or 32 of the former Act); and
                1. the person to whom the permit was granted is, after the commencement of section 404 of this Act, still in the arrival hall or office of the Department in which the permit was granted.

                  1. An immigration officer may, under section 67 of this Act, cancel the permit (being the visa deemed to be held by the person under section 415 of this Act) as if it were granted under this Act, and this Act applies accordingly with any necessary modifications.

                  2. In this section, arrival hall means both—

                  3. an arrival hall within the meaning of section 2(1) of the former Act; and
                    1. an immigration control area within the meaning of section 4 of this Act.