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D3.35 Deportation liability of residence class visa holder if visa or citizenship obtained or held by fraud, forgery, etc

See also Immigration Act 2009 s 158

A person liable for deportation under section 158 of the Immigration Act 2009 may, not later than 28 days after the date of service of a deportation liability notice, appeal to the Tribunal

  1. If the person was convicted of an offence where it is established that the person’s residence class visa or entry permission was procured, or was granted on the basis of a visa procured, through fraud, forgery, false or misleading representation, or concealment of relevant information - on humanitarian grounds only.
  2. If it is determined by the Minister that the person’s residence visa class or entry permission was procured, or was granted on the basis of a visa procured, through fraud, forgery, false or misleading representation, or concealment of relevant information - on the facts and humanitarian grounds.
  3. If the person is deemed to hold a resident visa, and the person was deprived of citizenship – on humanitarian grounds only.

Effective 29/11/2010

IN THIS SECTION

D3.1 Immigration and Protection Tribunal

D3.5 Appeals to the Tribunal against liability for deportation

D3.10 No right of appeal for holders of limited visas

D3.15 Deportation liability if person unlawfully in New Zealand

D3.20 Deportation liability if person's visa granted in error

D3.25 Deportation liability if visa held under false identity

D3.30 Deportation liability of temporary entry class visa holder for cause

D3.40 Deportation liability of resident if visa conditions breached

D3.45 Deportation liability of residence class visa holder if new information as to character becomes available

D3.50 Deportation liability of residence class visa holder convicted of criminal offence

D3.55 Deportation liability if refugee or protection status cancelled under section 146 of the Immigration Act 2009

D3.60 Definition of Appeal on Humanitarian Grounds

D3.65 Grounds for determining a humanitarian appeal

D3.70 When a temporary entry class visa holder gives reasons why deportation should not proceed

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