If your visa application has been declined by Immigration New Zealand you might want to lodge an Appeal.
You might have been made liable for deportation.
Dr. Hallwass has over 20 years of experience with supporting migrants with their appeals against unfavourable decisions about visa applications. Ask him whether you can lodge an appeal with the Immigration Protection Tribunal.
What is deportation?
The term ‘deportation’ in the Immigration Act 2009 describes all processes for requiring a foreign national who has no right to remain in New Zealand to leave.
Who is liable for deportation?
In summary, deportation liability is triggered by:
- Staying in New Zealand unlawfully (i.e. beyond a visa expiry date)
- Staying in New Zealand on a visa granted in error
- Staying in New Zealand on a visa obtained under a false identity
- The Minister of Immigration determining there is sufficient reason to make a temporary entrant liable for deportation, including:
- Breach of visa conditions
- Criminal offending
- Matters relating to character
- Concealment of relevant information in relation to the person’s visa application
- Where the person’s circumstances no longer meet the rules or criteria under which the visa was granted.
- Obtaining a residence class visa through fraud, forgery etc
- Breaching conditions of a resident visa
- New information prejudicial to character becoming available that, if known at the time a residence class visa was granted, would have meant the visa would have been refused
- A residence class visa holder being convicted of certain criminal offences
- Cancellation of refugee and/or protection status where the person is not a New Zealand citizen
- Being a risk or threat to security.
Residence class visa holders remain liable for deportation for 10 years following liability for deportation arising.
Lodging an Appeal
The Immigration and Protection Tribunal (IPT) is the body in charge for appeals against visa and deportation decisions.
It now replaces the Residence Review Board (RRB), the Removal Review Authority (RRA), the Refugee Status Appeals Authority (RSAA) and the Deportation Review Tribunal (DRT).
Email our experienced adviser to find out whether you have a realistic chance for an Appeal: Dr.Carsten Hallwass<[email protected]>
Are you eligible for a resident visa under Skilled Migrant Category? Find out by using our Quick Self-Check Guide!
Read more about becoming a New Zealand resident through the Skilled Migrant Category:
- Will you be able to claim points for your qualifications?
- Will you be able to claim points for your professional expertise?
- Is your profession on one of the Skill Shortages Lists?
- Do you have to be registered in New Zealand?
- Will you meet the English language requirements?
Ask our Business and Investor Migration Expert
If you want to find out more about establishing your own business in New Zealand, contact Dr. Carsten Hallwass, the Business and Investor Migration Adviser at NZIC.Ask Dr.Carsten Hallwass for a Free Assessment