169 Effect of being liable for deportation

(1)

A person liable for deportation may not—

(a)

apply for a visa, if he or she is unlawfully in New Zealand; or

(b)

apply for a further visa of a different class or type, if he or she currently holds a visa.

(2)

However, the Minister or an immigration officer may, in his or her absolute discretion, grant a visa of a different class or type to a person to whom subsection (1)(b) applies.

(3)

While a person is liable for deportation, the processing of any application by the person for a visa of a different class or type must be suspended.

(3A)

However, nothing in subsection (3) prevents the processing of any application referred back to the Minister or the chief executive by the Tribunal under section 188(1)(d) or (e).

(4)

While a person is liable for deportation, the processing of any application by the person for the grant of New Zealand citizenship under section 8 of the Citizenship Act 1977 or section 7(1)(b)(ii) of the Citizenship (Western Samoa) Act 1982 must be suspended.

Section 169(3A): inserted, on 7 May 2015, by section 44 of the Immigration Amendment Act 2015 (2015 No 48).