Plain language law

New Zealand law explained for everyone

Immigration Act 2009

Deportation - Cancellation or suspension of deportation liability

173A: Person may defer lodging appeal against liability for deportation

You could also call this:

“You can delay appealing your deportation if you have a residence visa”

If you have a residence class visa and are told you need to leave New Zealand, you might be able to wait before you ask for help to stay. This applies if you’re told to leave for certain reasons, like breaking rules or being a danger to others.

When you’re told you need to leave, you’ll get a notice that says your deportation is on hold for now. This is called a suspension notice. You can choose to wait until you get another notice, called a reactivation notice, before you ask for help to stay.

If you decide to wait and ask for help after you get the reactivation notice, you don’t have to follow the usual time limits for asking for help. These time limits are usually mentioned in other parts of the law, but they won’t apply to you if you choose to wait.

Remember, you can only do this if you have a residence class visa and are told to leave for specific reasons mentioned in the law. If you’re not sure, it’s a good idea to ask someone who knows about immigration rules for help.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS272291.

Topics:
Immigration and citizenship > Visas
Crime and justice > Courts and legal help
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173: Right of victims to make submissions on suspension or cancellation of liability for deportation, or

“Victims can share their views on whether someone should be deported”

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174: Effect of suspension, or

“What happens when your deportation is suspended”

Part 6 Deportation
Cancellation or suspension of deportation liability

173APerson may defer lodging appeal against liability for deportation

  1. This section applies to a residence class visa holder who is—

  2. liable for deportation under section 155, 156, 158, 159, 160, 161, or 162; and
    1. entitled to appeal to the Tribunal on the grounds specified in any one of those provisions; and
      1. served with a suspension notice under section 172(2).

        1. The person may defer lodging an appeal with the Tribunal against their liability for deportation until the person is served with a reactivation notice under section 172(3).

        2. If the person chooses to lodge an appeal with the Tribunal after being served with a reactivation notice, the time periods specified in sections 155(4), 156(3), 158(3), 159(2), 160(3), 161(2), and 162(2) do not apply to that person.

        Notes
        • Section 173A: inserted, on , by section 67 of the Statutes Amendment Act 2019 (2019 No 56).