155 Deportation liability if person’s visa granted in error

(1)

A person is liable for deportation if—

(a)

the Minister or an immigration officer determines that the person’s visa was granted as a result of an administrative error; and

(b)

the visa was not cancelled under section 67; and

(c)

no visa was granted to the person under section 68.

(2)

The holder of a temporary visa or interim visa to whom this section applies has 14 days from the date of service of a deportation liability notice to give good reason why he or she should not be deported.

(3)

Subsection (2) does not apply if—

(a)

the person is the holder of a limited visa; or

(b)

the Minister or an immigration officer determines that the person is an excluded person.

(4)

A person liable for deportation under this section may, not later than 28 days after the date of service of a deportation liability notice, appeal to the Tribunal against his or her liability for deportation—

(a)

on the facts and on humanitarian grounds, if the person holds a residence class visa; or

(b)

on humanitarian grounds only, in the case of a person holding a temporary visa or an interim visa.

(5)

However, subsection (4) does not apply if the person is liable for deportation under this section because the person re-entered New Zealand while he or she was subject to a period of prohibition on entry.

Section 155(5): inserted, on 7 May 2015, by section 40 of the Immigration Amendment Act 2015 (2015 No 48).