D4.20 Turnaround of persons arriving at the border (03/09/2012)

See also Immigration Act 2009 s 115

D4.20.1 Who is liable for turnaround?

A person arriving in New Zealand from another country may be subject to turnaround under Part 9 of the Immigration Act 2009 if:

1. they are a person to whom a visa waiver applies and who fails to apply for a visa and entry permission or is refused a visa; or
2. they are not a person to whom a visa waiver applies and not the holder of a visa granted under the Immigration Act 2009; or
3. they hold a visa but:
   1. the visa is subsequently cancelled:
      • on the refusal or revocation of entry permission; or
      • because they left an immigration control area without presenting to an immigration officer or did not comply with the instruction to remain in the area; or
      • because they arrived in New Zealand other than at an immigration control area but failed to present themselves within 72 hours at an immigration control area; or
   2. the visa is cancelled for administrative error while the person is in an immigration control area (unless some other visa is granted to the person or the person is a New Zealand citizen); or
4. they are a stowaway (see Y3.55); or
5. after arriving in New Zealand, their transit visa is cancelled by an immigration officer; or
6. they are the holder of a transit visa and the transit period concerned has expired.

D4.20.5 Consequences of being liable for turnaround

A person to whom D4.20.1 applies:

1. is deemed to be unlawfully in New Zealand; and
2. does not have any rights of appeal on humanitarian grounds; and
3. is liable to be arrested and detained under Part 9 of the Immigration Act 2009.

Effective 03/09/2012