D2.30 Period of deportation liability

See also Immigration Act 2009 s 167

1. Residence class visa holders remain liable for deportation for a period of 10 years following the arising of the liability for deportation.
2. The period of 10 years in subsection (a) above must be calculated exclusive of:
   1. any time spent by the person in imprisonment following conviction for any offence;
   2. any period of time when the person’s liability for deportation is suspended by the Minister under section 172 of the Immigration Act 2009 or by the Tribunal under section 212 of the Immigration Act 2009.
3. A person liable for deportation under section 154 of the Immigration Act 2009 (being a person unlawfully in New Zealand) remains liable for deportation as long as he or she is unlawfully in New Zealand.

D2.30.1 Liability for deportation when person outside New Zealand

See also Immigration Act 2009 s 168

1. A person may become liable for deportation under any of sections 155 to 163 of the Immigration Act 2009 when the person is outside New Zealand and, subject to section 168 of the Immigration Act 2009, Part 6 and Part 7 of the Immigration Act 2009 apply as if the person were in New Zealand.
2. Subsection (c) below applies to a person who:
   1. is outside New Zealand; and
   2. is liable for deportation; and
   3. holds a visa.
3. The person may:
   1. appeal to the Immigration and Protection Tribunal against his or her liability for deportation; and
   2. travel to New Zealand during the period in which the appeal can be made; and
   3. if the person does appeal, travel to New Zealand pending the determination of the appeal.

D2.30.5 Effect of being liable for deportation

See also Immigration Act 2009 s 169

1. A person liable for deportation may not:
   1. apply for a visa, if he or she is unlawfully in New Zealand; or
   2. apply for a further visa of a different class or type, if he or she currently holds a visa.
2. However, the Minister of Immigration or an immigration officer may, in his or her absolute discretion, grant a visa of a different class or type to a person to whom section 169 (1)(b) of the Immigration Act 2009 applies.
3. While a person is liable for deportation, the processing of any application by the person for a visa of a different class or type must be suspended.
4. Nothing in (c) prevents the processing of any application referred back to the Minister or the Chief Executive by the Tribunal under section 188(1)(d) or (e) of the Immigration Act 2009.
5. While a person is liable for deportation, the processing of any application by the person for the grant of New Zealand citizenship under section 8 of the Citizenship Act 1977 or section 7(1)(b)(ii) of the Citizenship (Western Samoa) Act 1982 must be suspended.

Effective 28/08/2017