As noted above, each situation is different and there is no ‘one-fits-all’ answers. If you, or your family member, are facing possible deportation from New Zealand, don’t bury your head in the sand, act now, get expert legal advice and know your options. If you are looking for the latest legal information relating current Coronavirus laws in New Zealand, check out our new section: Coronavirus and the Law. You have the right to appeal to the Immigration and Protection Tribunal on humanitarian grounds against the requirement to leave New Zealand. you have six weeks (42 days) from the first day you were in New Zealand under that visa to appeal to the Tribunal on humanitarian grounds. It is also critical for you to get legal advice as soon as possible. How to know if you are liable If we believe we can assist, we will explain your chances of success and the costs associated with engaging us. Aboriginal man faces deportation to New Zealand Mr. Wereta, a father of four, was deported last year after serving a string of prison sentences for driving without a license, common assault and stalking or intimidation. The notice sets out the basis for deportation as well as the time limits for seeking cancellation or appealing deportation, if such rights exist. Paying for maternity care You can become liable for deportation if: You stay in New Zealand beyond the expiry date of your visa You breach other conditions of your visa (for example, working when you only hold a visitor visa) You are convicted for a criminal offence You may be able to appeal against your deportation liability, depending on your circumstances and the time the liability arose. More than 1300 Kiwis have been deported from Australia in the past three years, with another 15,000 set to be sent back over the next decade. Nearly 1,300 New Zealanders have been deported since January 2015. No. Leaving things to the last minute can mean you lose any chance you may have of remaining in New Zealand. When it comes to criminal convictions in New Zealand, generally the nature of the criminal offence and its severity have a corresponding impact on your prospects of being allowed to remain in New Zealand. By appealing, you are asking the Tribunal to review Immigration New Zealand’s decision because you think there are humanitarian reasons why you should not be deported. Typically, you do not have to leave the country right away, you may have options to pursue. If you decide to leave voluntarily within the period of time that Immigration NZ has given you, for example either within the 14 days of being served with the Deportation Liability Notice or within your appeal period, then technically you will not have been deported from New Zealand. In many cases, a person can appeal against their liability, within certain timeframes. Professional advice and assistance are highly recommend if you are trying to come back following a deportation. Detainees have reported acts of violence, abuse by security guards, and a lack of medical treatment. Jason Wereta, 46, said returning to New Zealand after 25 years in Australia has been difficult. While not all crimes are grounds for deportation, those relating to violence, drugs, firearm offenses, human trafficking, and the smuggling of illegal aliens into the United States may cause someone to be removed. Others have a drink driving offence or have breached bail conditions. Once Immigration New Zealand has made a deportation order, they still have a broad power to cancel it. ... for a variety of reasons,” Mr Dutton said. Whether you can receive legal aid in Australia is a … meaning you can never come back). Avoid detention and long-term problems. Every situation is different and there are many factors that might help you fight deportation. Liability for deportation can also arise in other situations. Breaching the conditions on your visa Providing false and misleading information to Immigration New Zealand Changes in circumstances mean the basis on which the visa was granted disappears, for example if a work visa holder loses their job; or, if a partnership visa holder's relationship ends. That means more Kiwis are set to be sent back - deported even if they haven't set foot in New Zealand since early childhood. The New Zealand and Australian prime ministers publicly clash in Sydney over the deportation of Kiwi criminals, with Jacinda Ardern calling for Australia to "stop exporting" people who grew up here. There are a range of reasons which would trigger Immigration New Zealand to serve a deportation liability notice. Australia’s hard-line approach to deporting foreign criminals is tougher than the United Kingdom, United States and New Zealand, international law experts say. It will depend on your particular circumstances and future plans for travel. You can’t be deported unless and until you’ve appealed and lost your appeal, or, if you don’t appeal, until the six-week appeal time has passed. There is no compliance action planned against the family as they're all lawfully in New Zealand." You have six weeks (42 days) to appeal to the Tribunal – the six weeks is counted from when your unlawful status begins (that is, when your visa expired). cancellation of visas or deportation). From our experience, in most instances, it is advisable to challenge or fight your deportation liability while you are still in New Zealand, rather than trying to return to New Zealand once you have been deported. One of the most common reasons for deportation is a criminal conviction. Generally, the stronger your connection is to New Zealand, the better your chances of being allowed to remain here. If the acts have been done and therefore New Zealand feel that they should be deported they will issue them with a deportation liability notice. Immigration New Zealand said that they also negotiated the voluntary departure of 1,242 people (leaving voluntarily before you’re deported means you don’t face a ban of up to five years before you can return to New Zealand). You can become […] Whether you can appeal your deportation to the Immigration and Protection Tribunal, and on what grounds, depends on the reason why Immigration New Zealand wants to deport you: The information in this section is an online version of our highly useful resource The Community Law Manual. Deportation Unfortunately in some instances a temporary or resident visa holder in New Zealand may suddenly find they’re liable for deportation. You are illegally present in New Zealand if your visa has expired and you continue your stay in the country – you are now liable for deportation. Immigration Act 2009, ss 155(2) & (4)(b), 156(2), 157(2) & (4). We have assisted many clients who were caught out when a low-level crime triggered a deportation notice. This benefit of this is if you are planning to apply to enter other countries, like Australia or USA or UK, you can legitimately answer “No” when asked the standard question “Have you ever been deported from any country?”. Any number of things can happen that can activate deportation liability, so no two situations are ever completely the same. Position: Senior Solicitor Email: elly.fleming@pittandmoore.co.nz DDI: +64 3 545 6714, 78 Selwyn PlaceNelson 7010Phone: +64 3 548 8349Fax: 03 546 9153Email: mail@pittandmoore.co.nz, 66 Oxford StreetRichmond 7020Phone: +64 3 543 9090Fax: 03 546 9153Email: mail@pittandmoore.co.nz, Family (Relationship Property & Separation Matters), Inheritance Planning, Estate Administration & Senior Law, Residential Property (Buying or Selling a House). Disclaimer: The information contained in this publication is of a general nature and is not intended as legal advice. Below are answers to some frequently asked questions on deportation which may be of assistance. Mahon said the deportation was due to the business not performing to … (For example: if you were disqualified from getting a visa in the first place because of a criminal record.) In many cases, you may be able to appeal against your deportation liability, within certain timeframes. Can I get legal aid from New Zealand to help me to appeal my removal? For instance, if you have family members in New Zealand, who are New Zealand citizens and/or New Zealand residents, this could assist you with your arguments for being allowed to remain. Immigration Act 2009, ss 155, 156, 158–161, 163. As the holder of a Resident Visa or a Permanent Resident Visa, you can be deported for the following reasons: Immigration Act 2009, ss 155(2) & (4)(a), 156. Note: Immigration New Zealand uses the word “overstayer” to refer to people who remain in New Zealand after their visa expires. Of the deportations, 400 followed criminal convictions, and 640 were for non-criminal reasons. It’s really important to get professional advice. The visa of Aaron Joe Thomas Graham was cancelled and he was set to be deported back to New Zealand. Immigration New Zealand will send you a Deportation Liability Notice (DLN). He wanted to fight. If you remain in New Zealand after your visa expires, you become unlawful in New Zealand and you are therefore liable for deportation. These include mistakenly granting you a visa. (This contrasts with deportation of visa holders, who must be given a deportation liability notice: see below, “Deportation of visa holders”.) If your visa has expired and you’re therefore in New Zealand unlawfully, Immigration New Zealand doesn’t have to give you any notice that now you may be deported. They are also isolated from their families and legal support. As the holder of a Resident Visa or a Permanent Resident Visa, you can be deported for the following reasons: Committing crimes – if you’re convicted, whether in New Zealand or another country, of committing a criminal offence, but only if it’s an offence for which you could have been jailed for three months or more, and temporary/interim visa, and Immigration New Zealand has decided you are liable for deportation. If you remain in New Zealand after your visa expires, you become unlawful in New Zealand and therefore become liable for deportation. The situation has become a familiar one in recent years. In many cases, a person can appeal against their liability, within certain timeframes. When you can be deported: Grounds for deportation, Character” problems or other good reasons, see above, “When can Temporary Visa holders, Dealing with Oranga Tamariki / Ministry for Children, New Zealand's immigration rules and decision-makers, Accessing the immigration system: Who can apply for a visa and who can't, Temporary Visas: Working, studying or visiting for a limited time, How Immigration NZ makes Temporary Visa decisions, Limited Visas and Interim Visas: Special types of Temporary Visa, Residence Class Visas: Living in New Zealand permanently, Stage 2: Getting a Permanent Resident Visa, How Immigration NZ makes residence decisions, Deportation of Residence Class Visa holders, Family violence, vulnerable migrants, and other special visa policies, Christchurch shootings: People directly affected and their families, If you're here illegally: Understanding your options, Applying for a visa as a special case (“section 61” visas), Appealing on special humanitarian grounds, Deportation: Being made to leave New Zealand, Appealing against deportation to the Immigration and Protection Tribunal, Immigration advisers: Your rights when getting advice, “If you’re here illegally: Understanding your options”, it’s an offence for which you could have been jailed for three months or more, and, you committed the offence while you were in New Zealand unlawfully, or while you held a Temporary Visa, or during the first two years of your residence, on humanitarian grounds, or on the basis that Immigration NZ were wrong on the facts, or both. 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