D8.25 Consequences of service of the notice of revocation

1. After service of the revocation notice, if in New Zealand the person named in it may:
   1. leave New Zealand; or
   2. apply for a temporary permit (unless they are a person to whom section 7 of the Immigration Act 1987 applies); or
   3. appeal to the High Court against the revocation on the grounds that the Minister's decision is erroneous; and/or
   4. appeal to the Deportation Review Tribunal against the revocation on humanitarian grounds. (If an appeal is lodged with the Deportation Review Tribunal, the appellant cannot subsequently appeal to the Removal Review Authority).

      Note: A person may file an appeal with the High Court and with the Deportation Review Tribunal at the same time.

2. If the person is outside New Zealand only (iii) and (iv) above apply.

D8.25.1 Application for temporary permit

A person may apply for a temporary permit under section 25(1)(d) of the Immigration Act 1987 (unless they are a person to whom section 7 of the Immigration Act 1987 applies) if:

1. A residence permit has been granted as a result of administrative error to a person who should have been granted a temporary permit, and that error was not detected until after the person left the Customs place or issuing office and the person does not intend to appeal against the revocation;
2. A residence permit is to be revoked on the grounds that :
   1. it was procured by fraud, forgery, false or misleading representation or by concealing relevant information; or
   2. it was granted to a person who had been the holder of a visa or another permit procured by fraud, forgery, false or misleading representation or concealing relevant information; or
   3. the permit holder has not met a requirement imposed under section 18A of the Immigration Act 1987; and
   4. the person's intention is to leave New Zealand and not appeal against the revocation.
3. The application for a temporary permit must be made within 21 days of the service of the revocation notice. Any temporary permit applied for in these circumstances will come into force after the revocation of the residence permit becomes effective. (See also E4.70 Requirements for a person whose residence permit has been revoked.)

D8.25.5 Failure to apply for a temporary permit

Removal proceedings will be instituted against any person who fails to apply for a temporary permit under section 25(1)(d) of the Immigration Act 1987 within the 21 days after the service of the notice of revocation and:

1. it is confirmed that they have not opted to appeal against the revocation; and
2. they have not left New Zealand (other than for reasons of any emergency or circumstances beyond their control) (see D4).

Effective 01/10/1999