D2.35 Cancellation or suspension of deportation liability

D2.35.1 Minister may cancel or suspend liability for deportation

See also Immigration Act 2009 s 172

1. The Minister of Immigration (the Minister) may at any time, by written notice, cancel a person’s liability for deportation.
2. The Minister may at any time, by written notice, suspend a residence class visa holder's liability for deportation:
   1. for a period not exceeding 5 years; and
   2. subject to the visa holder complying with any conditions stated in the notice (which take effect from the date specified in the notice, being a date not earlier than the date of notification).
3. The Minister may exercise his or her powers under this section whether or not the person who is liable for deportation:
   1. has given good reason under section 155(2), 156(2)(b), or 157(2) why the person should not be deported; or
   2. has purported to apply to the Minister for any other reason.
4. Where a person fails to comply with the conditions stated in a notice under (b) above:
   1. the Minister may reactivate the person's liability for deportation by causing a deportation liability notice to be served on the person that sets out the grounds of the reactivation; and
   2. subject to section 175A(4) of the Immigration Act 2009, the person has 28 days from the date the deportation liability notice is served to leave New Zealand.
5. In the case of a person who has appealed against his or her liability for deportation, the Minister must notify the Immigration and Protection Tribunal if the person’s liability for deportation is cancelled, suspended, or reactivated under (a), (b), or (c)(i) above.
6. The decision to cancel or suspend a person’s liability for deportation is in the absolute discretion of the Minister.
7. In the case of a person in imprisonment, the period referred to in (b) above commences on the date of the person’s release.
8. The cancellation or suspension of a person’s liability for deportation does not prevent the person from becoming liable for deportation on other grounds.

D2.35.5 Right of victims to make submissions on suspension or cancellation of liability for deportation

See also Immigration Act 2009 s 173

1. In determining whether to cancel or suspend a person’s liability for deportation, the Minister must have regard to any written submissions made by a victim of an offence or offences of which the person who is liable for deportation has been convicted and from which his or her liability for deportation arises.
2. The Minister must, on a request for the purpose, make available to a lawyer or agent (if any) who is acting for the person who is liable for deportation a copy of all written submissions made by the victim.
3. The Minister, or a lawyer or agent acting for the person, must, on a request for the purpose, show the person a copy of all written submissions made by the victim. However, the person may not keep a copy of any of those submissions.
4. Despite (b) and (c) above, the Minister may withhold from the person and every lawyer or agent (if any) acting for the person any part of the victim’s written submissions if, in the Minister’s opinion, the withholding of that part is necessary to protect the physical safety or security of the victim concerned.
5. Despite (a) above, the Minister must not have regard to any part of the victim’s submissions that is withheld under (d) above.
6. In this section, victim means a victim of an offence of a kind referred to in section 29 of the Victims’ Rights Act 2002.

D2.35.10 Effect of suspension

See also Immigration Act 2009 s 174

1. Where a person’s liability for deportation is suspended by the Minister under section 172 of the Immigration Act 2009, during the period of the suspension:
   1. the person may not apply for a visa of a different class or type; and
   2. the processing of any application made by the person for a visa of a different class or type must be suspended; and
   3. subject to sections 9 and 10 of the Citizenship Act 1977 and section 7(1)(b)(i) of the Citizenship (Western Samoa) Act 1982, the person may not be granted citizenship on the basis of meeting a requirement (or requirements) for the grant of New Zealand citizenship that requires the person to hold a residence class visa.
2. If the Minister determines that a person has met the conditions stated by the Minister under section 172(2) of the Immigration Act 2009 for the period of the suspension, the Minister must:
   1. cancel the person's liability for deportation; and
   2. notify the person and the Tribunal of that fact.

 Effective 28/08/2017