Have you received a Deportation Liability Notice (DLN) from Immigration New Zealand?
If you continue to stay in New Zealand after the expiry of your visa term, you are considered unlawful in the country, and, are hence, liable for deportation. Deportation liability can also result from other factors. You can appeal against liability of deportation if you do so within a specific timeframe, which varies based on the grounds of deportation.
What is a Deportation Appeal and how can you make one?
Irrespective of whether you are a permanent resident, resident, holder of an interim/temporary visa or unlawfully present in New Zealand, you have the right to appeal to the Immigration and Protection Tribunal if Immigration New Zealand has found you to be liable for deportation.
The Immigration and Protection Tribunal (IPT) is an independent body set up to hear appeals related to deportation, residence visas and claims related to protected or refugee persons. It was set up as a separate body under the 2009 Immigration Act – neither does it work under Immigration New Zealand, nor does it deal in the issuance of visas, its sole purpose is to hear appeals.
The Deportation Appeal process has certain caveats to it that make it essential for you to work with an immigration expert to get the best outcome possible. Reach out to us for a 100% free consultation to discuss your deportation situation and explore your best option.
You can appeal Immigration New Zealand’s deportation decision on one or both of the following grounds for appeal:
- On humanitarian grounds: In such cases, you need to convince the tribunal that:
- It would be unduly harsh or unjust to deport you from New Zealand because of exceptional humanitarian circumstances, and
- Allowing you to stay in New Zealand will not be against any public interest
- On facts: In such cases, you need to convince the tribunal that the decision to deport you is wrong as it is not based on correct facts
Once the tribunal has considered your appeal, it will decide if:
- Your appeal will be allowed
- Your appeal will be allowed, and your liability for deportation will be suspended for up to 5 years
- Your appeal will be declined
- Your appeal will be declined, but the period you cannot enter New Zealand will be removed or reduced
- Your appeal will be declined, but your deportation will be delayed
How much time do you have to make a Deportation Appeal?
The grounds you can appeal on and the time frames for appealing to the tribunal depend on the reasons that make you liable for deportation.
- You have 28 days if your resident or temporary visa was granted as a result of an administrative error
- You have 42 days if it is determined that your real identity is different from the one on your visa
- You have 28 days if you gained your citizenship, resident visa, temporary visa or entry permission through fraud, forgery, false or misleading representation, or concealing relevant information
- You have 28 days if you have not met the conditions of your visa or have breached them
- You have 28 days if within 5 years of you holding a resident visa, there is new evidence about your character that (if it had been known at the time) would have stopped you from being granted a visa
- You have 28 days if you have been convicted of a crime
- You have 42 days from the day after you last held a visa if you currently do not hold a valid visa
Note that this is not a complete list and it gets even more complicated once you factor in the grounds of appeal that you decide to take.
What makes it even harder to represent your case is that the tribunal will probably decide your appeal based “on the submitted papers” instead of holding an oral hearing. The tribunal may sometimes choose to hold oral hearings, but you do not have any automatic right to a hearing and are not allowed to ask for one.
All of this makes it important that you do not go through the Deportation Appeal process without the guidance of an expert immigration adviser, and that your appeal is filed with strong evidence and supporting documents which can convince the tribunal.
NZ Immigration Help is right here, in Auckland, and has been helping its clients with complex Deportation Appeals for many years.
Our licensed immigration experts are available for a 100% free consultation to discuss your case and answer your questions patiently.