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Immigration & refugees

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Temporary Visas: Working, studying or visiting for a limited time

Deportation of Temporary Visa holders

When can a Temporary Visa holder be deported?

Immigration Act 2009, s 157

Immigration New Zealand has a wide power to deport a Temporary Visa holder if they think they have a “sufficient reason” for this. A “sufficient reason” includes, for example, breaching the conditions of your visa (for example, not attending the course your Student Visa was granted for, or working while you had only a Visitor or Student Visa), committing a crime, or concealing relevant information from Immigration NZ when you applied for the visa. A sufficient reason can also be if your situation no longer meets the rules or criteria under which your visa was granted.

Immigration NZ has to begin the deportation process by giving you a “Deportation Liability Notice”. You then have a number of rights to challenge their decision (see: “Appealing against deportation”).

Immigration New Zealand’s wide discretion to deport Temporary Visa holders contrasts with the restrictions on deporting Residence Class Visa holders, who can only be deported for the specific reasons contained in the Immigration Act (see: “Residence Class Visa holders: Being deported for wrongdoing or other reasons”).

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Community Law

Your local Community Law Centre can provide you with free initial legal advice.

Find your local Community Law Centre online: www.communitylaw.org.nz/our-law-centres

Immigration New Zealand

Immigration New Zealand is the government organisation that deals with visa applications and other immigration issues. It’s part of the Ministry of Business, Innovation and Employment.

Website: www.immigration.govt.nz
Phone: 0508 558 855

The Operational manual contains immigration instructions that people who want to come to New Zealand must follow. While it is not a step-by-step guide, it will help you follow Immigration New Zealand’s processes. Access it here: www.immigration.govt.nz/opsmanual

See also Immigration’s policies and processes: www.immigration.govt.nz/about-us/policy-and-law/how-the-immigration-system-operates

Immigration and Protection Tribunal

The Immigration and Protection Tribunal determines appeals on Immigration New Zealand’s decisions about refugee and protection matters.

Website: www.justice.govt.nz/Tribunals/immigration/immigration-and-protection

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