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Immigration Act 2009

Deportation - Deportation

177: Deportation order may be cancelled

You could also call this:

“Immigration officers can cancel deportation orders in certain situations”

An immigration officer can cancel a deportation order for someone covered by section 154. This is entirely up to the officer’s judgement. You don’t have the right to ask for your deportation order to be cancelled. However, if you’re in New Zealand and you tell an immigration officer about your personal situation, they must think about cancelling your order if what you say relates to New Zealand’s international responsibilities.

If an officer considers cancelling a deportation order, they need to think about any relevant international responsibilities. Apart from that, they can decide however they want. They don’t have to use any specific test, including the one in section 207. They also don’t have to look into your circumstances or check any information about you or anyone else.

The officer doesn’t have to explain why they made their decision, except to say that this rule applies. You can’t access the reasons for their decision under privacy laws, and the decision isn’t covered by the Official Information Act.

If the officer does think about international responsibilities when making their decision, they must write down what these responsibilities are and the facts about your personal situation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2388701.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
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Part 6 Deportation
Deportation

177Deportation order may be cancelled

  1. An immigration officer may, in his or her absolute discretion, cancel a deportation order served on a person to whom section 154 applies.

  2. Nothing in subsection (1) gives a person a right to apply for the cancellation of a deportation order. However, an immigration officer must consider cancelling the deportation order of a person who is in New Zealand if the person provides information to the officer concerning his or her personal circumstances, and the information is relevant to New Zealand's international obligations.

  3. If an immigration officer does consider cancelling a deportation order, whether by way of a purported application or his or her own motion, the officer must have regard to any relevant international obligations, but otherwise—

  4. may make a decision as he or she thinks fit; and
    1. in doing so, is not under any obligation, whether by implication or otherwise,—
      1. to apply any test or any particular test and, in particular, the officer is not obliged to apply the test set out in section 207; or
        1. to inquire into the circumstances of, or to make any further inquiry in respect of the information provided by or in respect of, the person who is the subject of the deportation order or any other person.

        2. Whether or not an immigration officer considers cancelling a deportation order,—

        3. he or she is not obliged to give reasons for any decision, other than the reason that this subsection applies; and
          1. information privacy principle 6 (which relates to access to personal information and is set out in section 22 of the Privacy Act 2020) does not apply to any reasons for any decision relating to the purported application; and
            1. section 23 of the Official Information Act 1982 does not apply in respect of the decision.

              1. However, to the extent that an immigration officer does have regard to any international obligations, the officer is obliged to record—

              2. a description of the international obligations; and
                1. the facts about the person's personal circumstances.

                  Notes
                  • Section 177(4)(ab): inserted, on , by section 50 of the Immigration Amendment Act 2015 (2015 No 48).
                  • Section 177(4)(ab): amended, on , by section 217 of the Privacy Act 2020 (2020 No 31).