2013-Jun 07: S169 (3) Effect of being liable for deportation

Visa Pak 115: Information for Immigration Officers regarding S169 (3) Effect of being liable for deportation

Visa Paks

7 June 2013

S169 (3) Effect of being liable for deportation

All Immigration Officers must be made aware of s169 (3) of the Immigration Act.

169 Effect of being liable for deportation

  1. A person liable for deportation may not—
    a. apply for a visa, if he or she is unlawfully in New Zealand; or
    b. apply for a further visa of a different class or type, if he or
    she currently holds a visa.
  2. However, the Minister 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 subsection (1) (b) 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. 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.

Action:

Office Managers should use the report on the portal to determine which applications in their office have unlawful applicants.