Immigration Act 2009

Visas - Classes of visa - Residence class visas

75A: Cancellation of residence class visa of person threatening security

You could also call this:

"The Minister can cancel your visa if you're a security threat."

Illustration for Immigration Act 2009

The Minister can cancel your residence class visa if they think you are a threat to security. They must have certified this under section 163(1). Also, a refugee and protection officer must have decided that you cannot be deported under section 164(3) or (4). If the Minister cancels your visa, they must give you a temporary entry class visa. The Minister decides what type of visa you get and when it expires. You can ask the Minister for another temporary entry class visa if you still meet the criteria for cancellation. The Minister can give you another visa if they think you still meet the criteria. They can also add conditions to your visa or change the conditions that already apply.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1560950.

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Part 3Visas
Classes of visa: Residence class visas

75ACancellation of residence class visa of person threatening security

  1. The Minister may cancel a person’s residence class visa if—

  2. the Minister has certified under section 163(1) that the person constitutes a threat or risk to security; but
    1. a refugee and protection officer has determined under section 164(5) that section 164(3) or (4) does not allow the person to be deported.
      1. If the Minister cancels a visa under subsection (1), the Minister must grant the person a temporary entry class visa of a type that the Minister thinks fit.

      2. The expiry date of a temporary entry class visa granted under subsection (2) is a matter for the discretion of the Minister.

      3. A person granted a temporary entry class visa under subsection (2) may apply to the Minister for a further temporary entry class visa if the criteria for cancellation set out in subsection (1) still apply to that person.

      4. On receipt of an application under subsection (4), the Minister, if satisfied that the criteria for cancellation set out in subsection (1) still apply to that person,—

      5. must grant a further temporary entry class visa of a type that the Minister thinks fit; and
        1. may—
          1. impose on the visa granted any conditions that the Minister thinks fit; or
            1. vary or waive conditions that would otherwise apply to it.
            Notes
            • Section 75A: inserted, on , by section 13 of the Immigration (Fiscal Sustainability and System Integrity) Amendment Act 2025 (2025 No 75).