The New Zealand and Australian prime ministers publicly clash in Sydney over the deportation of Kiwi criminals, with Jacinda Ardern calling for Australia to "stop exporting" people who grew up here. Note: The Bill of Rights says that if you’re a visa holder, and so in New Zealand legally, you can only be deported on the grounds stated in the Immigration Act. As the holder of a Resident Visa or a Permanent Resident Visa, you can be deported for the following reasons: Immigration Act 2009, ss 155(2) & (4)(a), 156. (For example: if you were disqualified from getting a visa in the first place because of a criminal record.) Of the deportations, 400 followed criminal convictions, and 640 were for non-criminal reasons. Deportation is the process used for permanent residents and certain New Zealand citizens who are not Australian citizens. Whether you can receive legal aid in Australia is a … If the reasons against deportation are accepted, then the deportation liability is cancelled or suspended. You can also apply to Immigration New Zealand for a visa under section 61 as a special case: see “If you’re here illegally: Understanding your options”. This benefit of this is if you are planning to apply to enter other countries, like Australia or USA or UK, you can legitimately answer “No” when asked the standard question “Have you ever been deported from any country?”. If you are looking for the latest legal information relating current Coronavirus laws in New Zealand, check out our new section: Coronavirus and the Law. If your visa has expired and you’re therefore in New Zealand unlawfully, Immigration New Zealand doesn’t have to give you any notice that now you may be deported. When it comes to criminal convictions in New Zealand, generally the nature of the criminal offence and its severity have a corresponding impact on your prospects of being allowed to remain in New Zealand. The first time he set foot in New Zealand in more than 40 years was when he was deported there by Australia in July. Aboriginal man faces deportation to New Zealand By appealing, you are asking the Tribunal to review Immigration New Zealand’s decision because you think there are humanitarian reasons why you should not be deported. Any number of things can happen that can activate deportation liability, so no two situations are ever completely the same. We have assisted many clients who were caught out when a low-level crime triggered a deportation notice. As a Temporary Visa holder, you can be deported for the following reasons: New Zealand Bill of Rights Act 1990, s 18(4). We are experts in this area and can give you advice on your particular circumstances. In that case, you only have six weeks (42 days) from the first day you were in New Zealand under that visa. New Zealanders are now the biggest group being held in Immigration detention centres. It is important that you know and understand all of your options. If you remain in New Zealand after your visa expires, you become unlawful in New Zealand and you are therefore liable for deportation. on humanitarian grounds only, if the fraud or forgery was established through you being convicted of a crime in the courts. Deportation Unfortunately in some instances a temporary or resident visa holder in New Zealand may suddenly find they’re liable for deportation. There are two ways you can challenge a decision by Immigration New Zealand to deport you from New Zealand: However, the time limit for appealing to the Tribunal is different if you’re being deported on the basis that you used a false identity to get your visa (see above, “When can Temporary Visa holders be deported?”). In many cases, you may be able to appeal against your deportation liability, within certain timeframes. You can become […] This can happen as soon as the Deportation Order is served. Despite Immigration New Zealand (INZ) saying Reddy was most likely one of many victims of this fraud, he would be deported. You have four weeks (28 days) after the deportation liability notice to appeal to the Tribunal on the basis that Immigration NZ were wrong on the facts (but you don’t have this appeal right if your real identity was established through you being convicted of a crime in the courts) and. It is important that you seek legal advice that is specific to your circumstances. Paying for maternity care If the acts have been done and therefore New Zealand feel that they should be deported they will issue them with a deportation liability notice. For example, a person convicted for the first time of drink driving might have a stronger chance of remaining in New Zealand, than someone who was convicted of sexual assault. Likewise, if you have skilled employment here, and your employer relies on your specialist skill set and would find it very difficult to replace you, this could equally improve your chances of being allowed to remain in New Zealand. He has thought about going to … If convicted, Immigration New Zealand (“INZ”) may issue you with a DLN. Communtity Law Manual | Immigration | When you can be deported: Grounds for deportation. (This contrasts with deportation of visa holders, who must be given a deportation liability notice: see below, “Deportation of visa holders”.) If you decide to leave voluntarily within the period of time that Immigration NZ has given you, for example either within the 14 days of being served with the Deportation Liability Notice or within your appeal period, then technically you will not have been deported from New Zealand. The notice sets out the basis for deportation as well as the time limits for seeking cancellation or appealing deportation, if such rights exist. cancellation of visas or deportation). meaning you can never come back). Other types of crimes may include family or domestic violence, money laundering, fraud, failure to register as a sex offender, and nearly any type of aggr… Others have a drink driving offence or have breached bail conditions. Generally, Deportation Orders may only be served after the affected person has exhausted their legal rights of appeal or cancellation, or has done nothing to exercise those rights within the prescribed timeframes for doing so. Australia’s hard-line approach to deporting foreign criminals is tougher than the United Kingdom, United States and New Zealand, international law experts say. A Deportation Liability Notice alerts the migrant that they are at serious risk of being deported from New Zealand. Since they arrived in New Zealand without a waiver, they will be deported. These bans range from two to five years if you have been in New Zealand unlawfully, but for more serious reasons for deportation like criminal convictions, provision of false or misleading information or immigration fraud, there are permanent bans (i.e. As soon as you’re in New Zealand “unlawfully” (illegally) – for example, if your visa has expired – you have a legal obligation to leave the country, and you can be deported after a certain time if you haven’t left voluntarily. Disclaimer: The information contained in this publication is of a general nature and is not intended as legal advice. Liability for deportation can also arise in other situations. Generally, the stronger your connection is to New Zealand, the better your chances of being allowed to remain here. Mahon said the deportation was due to the business not performing to … From our experience, in most instances, it is advisable to challenge or fight your deportation liability while you are still in New Zealand, rather than trying to return to New Zealand once you have been deported. Professional advice and assistance are highly recommend if you are trying to come back following a deportation. Immigration New Zealand will send you a Deportation Liability Notice (DLN). Meanwhile, Immigration New Zealand (INZ) figures show in the past five years 1040 people have been deported to the Pacific from New Zealand. An “administrative error” made by Immigration New Zealand. You will be forced to leave the country. Nearly 1,300 New Zealanders have been deported since January 2015. You can become liable for deportation if: You stay in New Zealand beyond the expiry date of your visa You breach other conditions of your visa (for example, working when you only hold a visitor visa) You are convicted for a criminal offence A person who remains in New Zealand after their visa expires becomes unlawfully in New Zealand and is therefore liable for deportation. Deportation orders can take more than 6 months to be processed. It is also critical for you to get legal advice as soon as possible. Two men in their sixties who are considered to be high-ranking members of an Australian bikie gang are facing deportation to New Zealand. Leaving things to the last minute can mean you lose any chance you may have of remaining in New Zealand. The INZ (Immigration New Zealand) may serve you with a DLN (Deportation Liability Notice) for various reasons. How to know if you are liable Generally, it would be very difficult for someone who was deported to be allowed to return to New Zealand. Once issued with a DLN, a person has 14 days to give good reason to INZ as to why that person shouldn’t be deported. If you’d like more information on this topic talk to Elly Fleming, Solicitor, Pitt & Moore. Every situation is different and there are many factors that might help you fight deportation. These bans range from two to five years if you have been in New Zealand unlawfully, but for more serious reasons for deportation like criminal convictions, provision of false or misleading information or immigration fraud, there are permanent bans (i.e. Based on the grounds of INZ’s decision to issue the DLN, you may be able to petition IPT (Immigration and Protection Tribunal) to reverse the decision. ... for a variety of reasons,” Mr Dutton said. As the holder of a Resident Visa or a Permanent Resident Visa, you can be deported for the following reasons: Committing crimes – if you’re convicted, whether in New Zealand or another country, of committing a criminal offence, but only if it’s an offence for which you could have been jailed for three months or more, and Can I get legal aid from New Zealand to help me to appeal my removal? Immigration New Zealand said that they also negotiated the voluntary departure of 1,242 people (leaving voluntarily before you’re deported means you don’t face a ban of up to five years before you can return to New Zealand). Note: Immigration New Zealand uses the word “overstayer” to refer to people who remain in New Zealand after their visa expires. He wanted to fight. You will not receive legal aid in New Zealand for any appeals against decisions made by overseas authorities (e.g. If you remain in New Zealand after your visa expires, you become unlawful in New Zealand and therefore become liable for deportation. See below, “Appealing against deportation”. As long as Immigration New Zealand finds sufficient reason for deportation, including aspects of your character. If we believe we can assist, we will explain your chances of success and the costs associated with engaging us. The visa of Aaron Joe Thomas Graham was cancelled and he was set to be deported back to New Zealand. The INZ may find you liable for deportation based on various factors, the most common of which is failing to leave New Zealand before the expiry of your visa. A Deportation Order allows Immigration New Zealand or the NZ Police to immediately act to take the affected person out of New Zealand. Use the diagram below to work out if you can appeal. Immigration Act 2009, ss 155, 156, 158–161, 163. Avoid detention and long-term problems. It will depend on your particular circumstances and future plans for travel. The number of Australian visas being cancelled on character grounds has soared since the government's laws were amended. There are a range of reasons which would trigger Immigration New Zealand to serve a deportation liability notice. Mr. Wereta, a father of four, was deported last year after serving a string of prison sentences for driving without a license, common assault and stalking or intimidation. While not all crimes are grounds for deportation, those relating to violence, drugs, firearm offenses, human trafficking, and the smuggling of illegal aliens into the United States may cause someone to be removed. In many cases, a person can appeal against their liability, within certain timeframes. If you, or your family member, are facing possible deportation from New Zealand, don’t bury your head in the sand, act now, get expert legal advice and know your options. For instance, if you have family members in New Zealand, who are New Zealand citizens and/or New Zealand residents, this could assist you with your arguments for being allowed to remain. When you can be deported: Grounds for deportation, Character” problems or other good reasons, see above, “When can Temporary Visa holders, Dealing with Oranga Tamariki / Ministry for Children, New Zealand's immigration rules and decision-makers, Accessing the immigration system: Who can apply for a visa and who can't, Temporary Visas: Working, studying or visiting for a limited time, How Immigration NZ makes Temporary Visa decisions, Limited Visas and Interim Visas: Special types of Temporary Visa, Residence Class Visas: Living in New Zealand permanently, Stage 2: Getting a Permanent Resident Visa, How Immigration NZ makes residence decisions, Deportation of Residence Class Visa holders, Family violence, vulnerable migrants, and other special visa policies, Christchurch shootings: People directly affected and their families, If you're here illegally: Understanding your options, Applying for a visa as a special case (“section 61” visas), Appealing on special humanitarian grounds, Deportation: Being made to leave New Zealand, Appealing against deportation to the Immigration and Protection Tribunal, Immigration advisers: Your rights when getting advice, “If you’re here illegally: Understanding your options”, it’s an offence for which you could have been jailed for three months or more, and, you committed the offence while you were in New Zealand unlawfully, or while you held a Temporary Visa, or during the first two years of your residence, on humanitarian grounds, or on the basis that Immigration NZ were wrong on the facts, or both. Approach the Immigration and Protection Tribunal and make a deportation appeal. Uriaere would join at least two other recent arrivals to … Immigration Act 2009, ss 155(2) & (4)(b), 156(2), 157(2) & (4). You can be deported if: You have been convicted of certain serious crimes and received a prison sentence; or You are considered to be a threat to the security of Australia. You have six weeks (42 days) to appeal to the Tribunal – the six weeks is counted from when your unlawful status begins (that is, when your visa expired). On the downside, your prospects of being allowed to return to New Zealand would be very low. you have six weeks (42 days) from the first day you were in New Zealand under that visa to appeal to the Tribunal on humanitarian grounds. Breaching the conditions on your visa Providing false and misleading information to Immigration New Zealand Changes in circumstances mean the basis on which the visa was granted disappears, for example if a work visa holder loses their job; or, if a partnership visa holder's relationship ends. As no two situations are ever completely the same, whether you will be allowed to remain in New Zealand, will largely depend on what activated your deportation liability in the first place as well as on any mitigating factors that you might have. Detainees have reported acts of violence, abuse by security guards, and a lack of medical treatment. Position: Senior Solicitor Email: elly.fleming@pittandmoore.co.nz DDI: +64 3 545 6714, 78 Selwyn PlaceNelson 7010Phone: +64 3 548 8349Fax: 03 546 9153Email: mail@pittandmoore.co.nz, 66 Oxford StreetRichmond 7020Phone: +64 3 543 9090Fax: 03 546 9153Email: mail@pittandmoore.co.nz, Family (Relationship Property & Separation Matters), Inheritance Planning, Estate Administration & Senior Law, Residential Property (Buying or Selling a House). She's facing deportation to New Zealand because she has criminal convictions, mostly for shop-lifting and theft. You can’t be deported unless and until you’ve appealed and lost your appeal, or, if you don’t appeal, until the six-week appeal time has passed. The situation has become a familiar one in recent years. Under the Immigration Act 2009 there are bans on re-entry to New Zealand if you have been deported. temporary/interim visa, and Immigration New Zealand has decided you are liable for deportation. meaning you can never come back). Jason Wereta, 46, said returning to New Zealand after 25 years in Australia has been difficult. These include mistakenly granting you a visa. They are often held in detention for many months awaiting processing of their deportation or appeal. They are also isolated from their families and legal support. Some detainees have no criminal convictions but are members of “bikie” gangs. You are illegally present in New Zealand if your visa has expired and you continue your stay in the country – you are now liable for deportation. If the acts have been done and therefore New Zealand feel that they should be deported they will issue them with a deportation liability notice. You have the right to appeal to the Immigration and Protection Tribunal on humanitarian grounds against the requirement to leave New Zealand. Once Immigration New Zealand has made a deportation order, they still have a broad power to cancel it. In a very limited number of instances, you might be able to return. One of the most common reasons for deportation is a criminal conviction. In many cases, a person can appeal against their liability, within certain timeframes. Liability for deportation can also arise in other situations. More than 1300 Kiwis have been deported from Australia in the past three years, with another 15,000 set to be sent back over the next decade. That means more Kiwis are set to be sent back - deported even if they haven't set foot in New Zealand since early childhood. It is critical that anyone who finds themselves facing possible deportation obtains legal advice from immigration experts to give themselves the best possible chance of remaining in New Zealand. You may be able to appeal against your deportation liability, depending on your circumstances and the time the liability arose. In early 2017, he and eight other Indians who had used the same dodgy Indian agency took sanctuary in Auckland's Unitarian Church . Note: In the 2014/15 financial year, the New Zealand government deported 530 people who were here unlawfully. He recently moved to New Zealand’s South Island to take a job shearing sheep. A person’s deportation liability can arise for a number of reasons. Whether you can appeal your deportation to the Immigration and Protection Tribunal, and on what grounds, depends on the reason why Immigration New Zealand wants to deport you: The information in this section is an online version of our highly useful resource The Community Law Manual. Liability for deportation can also arise in certain other situations. There are other reasons that may also trigger deportation from New Zealand. No. It’s really important to get professional advice. As noted above, each situation is different and there is no ‘one-fits-all’ answers. There is no compliance action planned against the family as they're all lawfully in New Zealand." 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