D7.30 Consequences of a deportation order

Immigration Act 1987 ss 2(4), 3, 91(7), 92(7), 105, 117

1. A deportation order comes into force from the date on which it is served on the deportee and remains in force until:
   1. the Deportation Review Tribunal or the High Court quashes it; or
   2. the Minister revokes it; or
   3. the deportee named in the order leaves New Zealand.
2. If a deportee leaves New Zealand after they have been served with a deportation order but before the order is executed, they will be presumed under section 2(4) of the Immigration Act 1987 to have been deported from New Zealand.
3. If the holder of a residence permit is deported from New Zealand the permit and any returning resident's visa held by the deportee are presumed to be cancelled.
4. At this stage, or at any future stage in the process, it is possible that the deportee (or a solicitor acting on behalf of the person), may object to being deported to a particular country and may indicate an intention to apply for refugee status. While a deportation order may be served on a person who claims refugee status under no circumstances must a claimant be deported from New Zealand until:
   1. they have had their claim determined by the Refugee Status Branch (RSB); and
   2. if applicable, had any appeal finalised by the Refugee Status Appeals Authority (RSAA); and
   3. they are not recognised as a refugee.
5. If the person named in a Deportation Order wishes to be deported to a country other than the country where they are normally resident or have citizenship, they must produce evidence of their right of entry to that country before their request can be considered.

Effective 01/10/1999