Liability for deportation

154 Deportation liability if person unlawfully in New Zealand

(1)

A person unlawfully in New Zealand is liable for deportation.

(2)

A person unlawfully in New Zealand may, not later than 42 days after first becoming unlawfully in New Zealand, appeal on humanitarian grounds against his or her liability for deportation.

(3)

Subsection (2) applies except if subsection (4) or (5) applies.

(4)

If the person is unlawfully in New Zealand following an unsuccessful reconsideration under section 185 of a decision to decline his or her visa application, the person may appeal on humanitarian grounds against his or her liability for deportation not later than 42 days after the later of—

(a)

the day on which the person became unlawfully in New Zealand; or

(b)

the day on which the person received confirmation of the decision to decline his or her visa application.

(5)

A person is not entitled to an appeal under subsection (2) if—

(a)

the person is unlawfully in New Zealand following the cancellation of the person’s visa under section 64(1)(ab); or

(b)

the person has already had an opportunity (whether exercised or not) to appeal against his or her liability for deportation.

Section 154(3): amended, on 7 May 2015, by section 39(1) of the Immigration Amendment Act 2015 (2015 No 48).

Section 154(5): inserted, on 7 May 2015, by section 39(2) of the Immigration Amendment Act 2015 (2015 No 48).