D8.20 Revocation of residence permits

Immigration Act 1987 s 20, 20A

1. All cases for revocation of residence permits and returning resident’s visas are referred to the Border Security Group, Workforce at the National Office of the Department of Labour so that the notice of revocation can be prepared and referred to the Minister of Immigration for signature.
2. Before referring any case for revocation to the Border Security Group, Workforce at the National Office of the Department of Labour, immigration officers must interview the person whose residence permit or returning resident’s visa is to be revoked (and any other family member affected by the revocation) in order to determine the facts of the case and the circumstances of the person, including:
   1. their age; and
   2. how long they have been in New Zealand lawfully; and
   3. their personal and domestic circumstances; and
   4. their work record; and
   5. the grounds on which the permit is to be revoked; and
   6. the interests of their family.
3. If a person’s residence permit is revoked any returning resident’s visa held by that person is deemed to be cancelled and there is no separate right of appeal in relation to the returning resident’s visa.

D8.20.1 Notice of revocation

A notice of revocation must specify the grounds on which the revocation is made and, unless the permit or returning resident's visa is revoked on the ground that the person is a New Zealand citizen or is a person exempt from the requirement to hold a permit or returning resident's visa, the notice must also inform the person of:

1. their rights of appeal to the High Court and/or the Deportation Review Tribunal; and
2. the period within which any appeal must be made; and
3. the right to apply for a temporary permit under section 25(4) of the Immigration Act 1987 if they do not appeal against the revocation. They must apply in the manner prescribed by regulation 12 of the Immigration Regulations 1999 and within 21 days of the date of service of the notice of revocation.

D8.20.5 Service of notice of revocation

1. A notice of revocation must be served on the person named in it by personal service along with the appeal form.
2. Once the notice has been served on the person concerned, the immigration officer should ask the person to acknowledge service by signing and dating all three copies of the notice. If the person refuses to acknowledge service of the notice, the notice must nevertheless be left with the deportee and the officer must record the refusal on the other 2 copies of the notice and complete the 'details of service' section on both copies.'
3. Having served the notice on the person, the immigration officer must then inform them of:
   1. their appeal rights to the Deportation Review Tribunal; and
   2. the time limit for lodging an appeal (i.e. 21 days after the date of service of the order).

Effective 04/07/2005