Deportation and how you can appeal
If you remain in New Zealand after your visa expires, you become unlawful in New Zealand and you are therefore liable for deportation. Liability for deportation can also arise in other situations. In many cases, a person can appeal against their liability, within certain timeframes.
Reasons you can be deported
You may be deported if:
- you stay in New Zealand beyond the expiry date of your visa
- you breach other conditions of your visa (for example, working when you only hold a visitor visa)
- you commit a criminal offence
- your circumstances no longer meet the rules or criteria under which your visa was granted
- we find that false or misleading information had been provided, or relevant information had been withheld, in any prior application or request you submitted or in which you were included.
If you do not leave New Zealand before your visa expires
Note
If you think we might have a reason to deport you, a
- the day you became unlawful, or
- the day you received confirmation of our decision to decline your application for a further temporary visa.
- when it was handed to you personally
- if it was sent by registered post or courier, when it was delivered to your contact address, or
- if it was sent by email, when it was delivered to the server of your internet service provider or other server used by you for the receipt of email. It is presumed to have arrived at your server the same day it was sent, unless there is evidence available to indicate that it was not.
- on the date that is 7 calendar days after it was sent (if it was sent by registered post or courier to an address in New Zealand)
- on the date that is 14 calendar days after it was sent (if it was sent by registered post or courier to an address outside New Zealand), or
- on the date that is 3 working days after it was sent (if it was sent by email).
- Waitangi Day, Good Friday, Easter Monday, Anzac Day, King’s Birthday, Te Rā Aro ki a Matariki (Matariki Observance Day), and Labour Day
- if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday
- the period commencing with 25 December and ending with 2 January
- if 1 January falls on a Friday, the following Monday
- if 1 January falls on a Saturday or a Sunday, the following Monday and Tuesday, and
- the anniversary day for the area in which you live.
If you have a temporary visa
The deadline for sending your appeal to the Tribunal depends on why you are liable for deportation.
| Reason you are liable for deportation | When the Tribunal must receive your appeal |
|---|---|
| You do not have a visa (s154 of the Immigration Act) | No later than 42 days from the day after you last held a visa. If you asked us to reconsider our decision declining you a further temporary visa while you still held a current visa, count the 42 days from whichever of the following days is later:
|
| You have a temporary or interim visa which was granted due to an administrative error (s155 of the Immigration Act) | No later than 28 days from the day you were given the deportation liability notice. |
| You had a temporary or interim visa using a false identity (s156 of the Immigration Act) | No later than 42 days. If you had your visa under a false identity the whole time you have been in New Zealand, count the 42 days from the date you first arrived in New Zealand with that visa, or If you have also had a visa under your actual identity, count the 42 days from the day after the visa in your actual name expired or was cancelled. |
| The Minister determines that there is sufficient reason to deport you (s157 of the Immigration Act) | No later than 28 days after you were given the deportation liability notice. This deadline applies even if you have written to us within 14 days of receiving the notice and explained why you should not be deported. |
If you have a resident visa
How much time do I have to lodge an appeal? The deadline for sending your appeal to the Tribunal depends on why you are liable for deportation.
| Reason you are liable for deportation | Grounds you can appeal on | When the Tribunal must receive your appeal |
|---|---|---|
| Your resident visa was granted as a result of an administrative error (s155 of the Immigration Act). | On the facts and on humanitarian grounds | No later than 28 days after you received a deportation liability notice. |
| You were convicted of an offence, and the Court decided that your actual identity is different from the one on your visa (s156(1)(a) of the Immigration Act). | On humanitarian grounds only | No later than 42 days. If you had your visa under a false identity the whole time you have been in New Zealand, count the 42 days from the date you first arrived in New Zealand with that visa, or If you have also had a visa under your actual identity, count the 42 days from the day after the visa in your actual name expired or was cancelled. |
| The Minister has decided that your actual identity is different from the one on your visa (s156(1)(b) of the Immigration Act). | On the facts and on humanitarian grounds | If you want to appeal on the facts: No later than 28 days after you received a deportation liability notice. If you want to appeal on humanitarian grounds: No later than 42 days. If you have held your visa under a false identity the whole time you have been in New Zealand, count the 42 days from the date you first arrived holding that visa, or If you have also held a visa under your actual identity, count the 42 days from the day after the visa in your actual name expired or was cancelled. |
| You gained your resident visa or entry permission through fraud, forgery, false or misleading representation, or concealing relevant information (s158(1)(a) and (b) of the Immigration Act). | On humanitarian grounds only (if you have been convicted of a crime) or on humanitarian grounds and on the facts (if you have not been convicted of a crime) | No later than 28 days after you received a deportation liability notice. |
| You gained citizenship through fraud, false representation, or concealing relevant information (s158(2) of the Immigration Act). | On humanitarian grounds only | No later than 28 days after you received a deportation liability notice. |
| You have not met the conditions of your visa or have breached them (s159 of the Immigration Act). | On the facts and on humanitarian grounds | No later than 28 days after you received a deportation liability notice. |
| Within 5 years of you first holding a resident visa, there is new evidence about your character that (if it had been known at the time) would have stopped you being granted a visa (s160 of the Immigration Act). | On the facts and on humanitarian grounds | No later than 28 days after you received a deportation liability notice. |
| You have been convicted of a crime (s161 of the Immigration Act). | On humanitarian grounds only | No later than 28 days after you received a deportation liability notice. |
When your time to appeal begins
The Tribunal must receive your appeal no more than 28 or 42 days (depending on the reason for your deportation liability) from the date on which you became unlawfully in New Zealand or when we served you with a deportation liability notice. If you were served with the deportation liability notice, you were served:
If it is not possible to establish when you were notified of the decision in these ways, then you were notified:
Make sure the Tribunal receives your appeal by the deadlines explained above. The Tribunal cannot accept late appeals.
How to count the days for lodging an appeal
When you count the 42 days, include Saturdays and Sundays but do not include:
Late appeals
The Tribunal cannot accept late appeals. Appeals must be lodged within the time allowed. The Tribunal has no power to give you more time.
Guides for appealing deportation
The Ministry of Justice has guides available on their website with more information about timeframes, how to apply and how to get legal advice for your appeal.
Guide to deportation appeals by non-residents – Ministry of Justice PDF, 284 KB
Guide to deportation appeals by residents – Ministry of Justice PDF, 267 KB
What happens if you are deported
If you are deported, you may not return while any prohibition period is in force and until any costs of deportation are repaid. If you wish to return to New Zealand, you can ask to be granted a visa via a special direction, but INZ is not obligated to consider special direction requests or to give you reasons if the special direction is not granted.