Foreign nationals who are lawfully in New Zealand can sometimes find themselves in danger of deportation, in this situation it is important to get good legal advice. One Hastings-based Indian couple are facing deportation after what they claim were a series of mistakes made by a local law firm have appealed to local MP Craig Foss. Buvnesh Mehta and Jaswinder Kaur are facing deportation after various visa applications were declined by Immigration New Zealand last year. The two claim their legal advice was inadequate about when documentation and applications were sent to Immigration New Zealand. The accusations have been made in an official complaint submitted to the New Zealand Law Society. Read the full article here. (By Anna Ferrick) Hawke’s Bay Today.
The term ‘deportation’ in the Immigration Act 2009 (new Act) describes all processes for requiring a foreign national who has no right to remain in New Zealand to leave. New Zealand citizens cannot be deported from New Zealand. In short, deportation liability is triggered by:
- Staying in New Zealand unlawfully (i.e. beyond a visa expiry date)
- Staying in New Zealand on a visa granted in error
- Staying in New Zealand on a visa obtained under a false identity
The Minister of Immigration can also determine there is sufficient reason to make a temporary entrant liable for deportation, including any breach of visa conditions or criminal offending.
The appeal rights, and length of time a person has to appeal against deportation liability, depend on the type of visa the person holds, and the grounds for their liability for deportation. The Act allows foreign nationals who are lawfully in New Zealand to remain lawfully in New Zealand while they appeal against their deportation liability. Following the exhaustion of any applicable appeal rights, a ‘deportation order’ may be served and executed. Following the exhaustion of any applicable appeal rights, they may be served with a deportation order. A deportation order may be executed once it has been served by taking the person into custody, escorting or arranging for the person to be escorted to an airport, and ensuring the person leaves New Zealand. It is important to get good legal advice if you have been served with a deportation order, Queen City Law immigration lawyers are experts in this field and can ensure your appeal is correctly handled. To contact our immigration lawyers in strictest confidence click here. To read more about our immigration services click here.
When a person is liable for deportation, police may also photograph and take the person’s fingerprints, and require the surrender of identity and immigration documents as is necessary to meet the entry or transit requirements of any country that the person has to travel to or through.
Any visa the person holds is cancelled on deportation. As a consequences of deportation deportees are prevented from returning to New Zealand. A PDF fact sheet detailing Immigration Act 2009 and Deportation is available from Immigration NZ PDF document.