Plain language law

New Zealand law explained for everyone

Immigration Act 2009

Deportation - Deportation

175A: Time when deportation order may be served

You could also call this:

“When you can receive an order to leave New Zealand after being told about possible deportation”

When you get a notice saying you might be deported, you usually have some time before you can be given an order to leave. This time allows you to explain why you shouldn’t be deported or to appeal the decision.

If you have the chance to explain why you shouldn’t be deported, the earliest you can get a deportation order is 15 days after you receive the notice. But if you give reasons and they’re rejected, you can get the order the day after you’re told about the rejection.

If you can appeal against being deported, you won’t get a deportation order until after the time for making an appeal has passed. If you do appeal, you won’t get an order until after your appeal is finished. This could take longer if you ask higher courts to look at your case.

In some cases, you might have both the chance to explain and the right to appeal. If so, you’ll get the deportation order on the later of the two possible dates.

If you were allowed to stay but broke the rules, you might get a new notice. In this case, you’ll get the deportation order at least 28 days after the new notice, or later if you can appeal.

Sometimes, you can get a deportation order right away. This can happen if you don’t have the right to explain or appeal, if the government makes a special order about you, if you’ve been in New Zealand illegally since before 29 November 2010, or if your limited visa has run out.

When the notice says you can give reasons why you shouldn’t be deported, you have 14 days to do this.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6471304.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Government and voting > Government departments
Previous

175: Service of deportation order, or

“How and when you can be given a deportation order”

Next

176: Content of deportation order, or

“What a deportation order includes and who signs it”

Part 6 Deportation
Deportation

175ATime when deportation order may be served

  1. Where a person has a right to give good reason why deportation should not proceed, the first day on which a deportation order may be served on the person is,—

  2. if the person does not provide submissions as to good reason why deportation should not proceed, the day that is 15 days after the date of service of a deportation liability notice on the person; or
    1. if the person provides submissions as to good reason why deportation should not proceed, and the person to whom the submissions are provided determines that deportation should continue, the day after the person is notified of that determination.

      1. Where a person has a right to appeal under this Act against liability for deportation, the first day on which a deportation order may be served on the person is—

      2. the day after the expiry of the period for lodging an appeal, if the person has not lodged an appeal:
        1. where the person has lodged an appeal to the Tribunal,—
          1. if the appeal is withdrawn, the day after the withdrawal:
            1. if the liability for deportation is upheld, the day that is 28 days after the Tribunal determines the appeal (but subject to paragraph (c)):
            2. where the person has applied under section 245 for leave to appeal to the High Court,—
              1. if the application for leave is withdrawn, the day after the withdrawal:
                1. if the High Court refuses leave to appeal, on the day after the expiry of the period for lodging an application for leave to the Court of Appeal in accordance with the rules of the Court of Appeal (but subject to subparagraph (iii)):
                  1. if the person applies to the Court of Appeal for leave and leave is refused, the day after the person is notified of the Court of Appeal’s refusal:
                    1. if the application for leave is granted but the appeal is withdrawn, the day after the withdrawal:
                      1. if the application for leave is granted and the person’s liability for deportation is upheld, the day after the person is notified of the determination of the appeal.

                      2. Where a person has both a right to give good reason why deportation should not proceed and a right to appeal under this Act against liability for deportation, the first day on which a deportation order may be served on the person is the later of—

                      3. the first day on which the deportation order may be served under subsection (1); and
                        1. the first day on which a deportation order may be served under subsection (2).

                          1. Where a person has breached the conditions stated in a notice or order suspending his or her liability for deportation under section 172(2) or 212(1), the first day on which a deportation order may be served on the person is the later of—

                          2. the day that is 28 days after service of a deportation liability notice on the person under section 172(3) or 212(3)(a), as the case may be; and
                            1. any applicable day determined under subsection (2).

                              1. A deportation order may be served immediately on a person in the following circumstances:

                              2. where the person has been served with a deportation liability notice and the person does not have—
                                1. a right to give good reason why deportation should not proceed; or
                                  1. a right of appeal against liability for deportation:
                                  2. where an Order in Council under section 163 has been made in respect of the person:
                                    1. where the person—
                                      1. was unlawfully in New Zealand before 2 am on 29 November 2010; and
                                        1. continues to be unlawfully in New Zealand under this Act; and
                                          1. has no right of appeal under this Act against liability for deportation:
                                          2. where the person was the holder of a limited visa that has expired (unless that person has been served with a deportation liability notice under paragraph (a), in which case paragraph (a) applies).

                                            1. In this section, a right to give good reason why deportation should not proceed means a right, stated in a deportation liability notice served on a person liable for deportation, to give good reason, not later than 14 days after the date of service of that notice, as to why deportation should not proceed.

                                            Notes
                                            • Section 175A: inserted, on , by section 48 of the Immigration Amendment Act 2015 (2015 No 48).