E2.35 Who must be granted a temporary entry class visa

See also Immigration Act 2009 ss 122, 190, 210(1)(b), 216(1)(b)

The following classes of people must be granted a temporary entry class visa:

1. people who are in New Zealand and who are not immediately granted a residence class visa in reliance on section 190(2)(a) of the Immigration Act 2009 where the Tribunal has reversed a decision not to grant an application for a residence class visa, a temporary entry class visa of no less than 6 months must be granted; or
2. people in relation to whom the Tribunal has declined an appeal against liability for deportation but has ordered the grant of a temporary entry class visa under section 216(1)(6), for a period not exceeding 12 months; and
3. people in relation to whom the Tribunal has allowed an appeal against deportation from New Zealand under section 210(1) of the Immigration Act 2009 and has directed the grant of a temporary entry class visa, for a period not exceeding 12 months subject to such conditions, if any, the Tribunal sees fit; or
4. subject to sections 15 and 16 of the Immigration Act 2009, where the holder of a temporary entry class visa departs New Zealand for another country, and:
   1. before arriving in any other country is forced to return, or returns to New Zealand by reason of any emergency affecting the craft, or because of any other emergency or circumstances beyond the person’s control; and
   2. the person’s visa has expired, or is due to expire, at any time between the person’s departure from New Zealand and the date 14 days after the person’s return to New Zealand

   an immigration officer, must on application by the person, grant him or her a temporary entry class visa (current until a date not earlier than the 14th day following that return) and entry permission.

Effective 29/11/2010