E3.60 Deportation liability of temporary entry class visa holder for cause

See also Immigration Act 2009 s 157

1. A temporary entry class visa holder is liable for deportation if the Minister determines that there is sufficient reason to deport the temporary entry class visa holder (see (e) below).
2. The person has 14 days from the date of service of the deportation liability notice to give good reason why deportation should not proceed.
3. E3.60 (b) above does not apply if:
   1. the person is the holder of a limited visa; or
   2. the Minister determines that the person is an excluded person.
4. A temporary visa holder or interim visa holder who is liable for deportation under E3.60 may, no later than 28 days after the date of service of the deportation liability notice, appeal to the Tribunal on humanitarian grounds against his or her liability for deportation.
5. For the purposes of E3.60 (a) above, sufficient reason includes, but is not limited to:
   1. breach of conditions of the person’s visa;
   2. criminal offending;
   3. other matters relating to character;
   4. concealment of relevant information in relation to the person’s application for a visa;
   5. a situation where the person’s circumstances no longer meet the rules or criteria under which the visa was granted.

(See section D2) for deportation procedures.)

Examples: the holder of a student visa who fails to attend their place of study without reasonable excuse, or the holder of a visitor visa who undertakes employment without authority.

Effective 29/11/2010