156 Deportation liability if visa held under false identity

(1)

A person is liable for deportation if—

(a)

the person is convicted of an offence where the identity of the person is established, and that identity is different to the identity under which the person holds a visa; or

(b)

the Minister determines that the person holds a visa under a false identity.

(2)

If a person is liable for deportation under this section and the visa is a temporary visa or interim visa,—

(a)

the person may appeal to the Tribunal on humanitarian grounds not later than 42 days after first becoming unlawfully in New Zealand; and

(b)

if subsection (1)(b) applies, the person has 14 days from the date of service of a deportation liability notice to give good reason why the deportation should not proceed.

(3)

If a person is liable for deportation under this section and the visa is a residence class visa,—

(a)

the person may appeal to the Tribunal on humanitarian grounds not later than 42 days after first becoming unlawfully in New Zealand; and

(b)

if subsection (1)(b) applies, the person may, not later than 28 days after the date of service of a deportation liability notice, appeal to the Tribunal on the facts against his or her liability for deportation.

(4)

For the purposes of subsections (2) and (3), a person to whom a visa has been granted in a false identity is deemed to have been unlawfully in New Zealand since—

(a)

the date the person arrived in New Zealand, if he or she has held a visa in a false identity since that date; or

(b)

the day after the date on which a visa granted in the person’s actual identity expired, or was cancelled without another visa being granted, if he or she has held a visa in his or her actual identity after arriving in New Zealand.