Immigration Act 1987

  • repealed
  • Immigration Act 1987: repealed, at 2 am on 29 November 2010, by section 404 of the Immigration Act 2009 (2009 No 51).
105 Tribunal may quash deportation order
  • (1) On an appeal under section 104 of this Act, the Tribunal may, by order, quash the deportation order if it is satisfied that it would be unjust or unduly harsh to deport the appellant from New Zealand, and that it would not be contrary to the public interest to allow the appellant to remain in New Zealand.

    (1A) Without limiting subsection (2), in deciding whether it would be unjust or unduly harsh to deport the appellant from New Zealand, and whether it would not be contrary to the public interest to allow the appellant to remain in New Zealand, the Tribunal must have regard to any submissions of a victim, in accordance with section 105A.

    (2) In deciding whether or not it would be unjust or unduly harsh to deport the appellant from New Zealand, the Tribunal shall have regard to the following matters:

    • (a) the appellant's age:

    • (b) the length of the period during which the appellant has been in New Zealand lawfully:

    • (c) the appellant's personal and domestic circumstances:

    • (d) the appellant's work record:

    • (e) the nature of the offence or offences of which the appellant has been convicted and from which the liability for deportation arose:

    • (f) the nature of any other offences of which the appellant has been convicted:

    • (g) the interests of the appellant's family:

    • (h) such other matters as the Tribunal considers relevant.

    Section 105(1A): inserted, on 17 December 2002, by section 53 of the Victims' Rights Act 2002 (2002 No 39).