Deportation in New Zealand – Frequently Asked Questions
1. What can make me liable for deportation in New Zealand?
In general terms, you may be liable for deportation if:
You stay in New Zealand after your visa expires.
You breach visa conditions (e.g., working on a visitor visa).
You are convicted of a criminal offence.
You provided false or misleading information in a visa application.
You are considered a threat to public interest or national security.
2. What is a Deportation Liability Notice (DLN)?
A DLN is a formal notice from Immigration New Zealand (INZ). It is the first step in the process to deport a person. The DLN must outline the reasons for your deportation liability. It also tells you how you can appeal your deportation.
3. Can I appeal a deportation decision?
Normally, yes.
Temporary visa holders have an internal right of review with INZ, called a “good reasons review”. They must write to INZ within 14 days of being served with a DLN and explain why deportation should not proceed.
Both resident visa holders and temporary visa holders can appeal to the Immigration and Protection Tribunal (IPT) on humanitarian grounds to stop deportation. The timeframe for filing an appeal depends on your situation:
Unlawful in NZ: 42 days from becoming unlawful or from visa decline notice.
Other reasons: 28 days from receiving the DLN.
4. What happens if I am deported?
If deported:
You may be banned from returning to New Zealand for up to 5 years (or permanently in some cases).
You must repay any deportation costs.
You can request a visa again via a special direction, but INZ is not obligated to grant it.
5. What if I leave voluntarily?
Voluntary departure may improve your chances of returning in the future, depending on your circumstances. However, you may still face a re-entry ban.
6. Can New Zealand citizens be deported?
Generally, no. New Zealand citizens cannot normally be deported from New Zealand. However, there are exceptions to this rule. The Minister for Internal Affairs has the power to revoke citizenship, which may expose a person to the risks of deportation in certain situations.
7. Who can help me with a deportation case?
You should contact one of Young Hunter’s experienced deportation lawyers as soon as possible. Our lawyers can help you understand your rights and guide you through the deportation and appeal process. Depending on the reasons for deportation, they may also be able to provide you with other options which may resolve the problem.
Please contact the team below:
Simon Graham’s profile – https://www.younghunter.co.nz/our-team/simon-graham
Email: sgg@younghunter.co.nz
Austin Lange’s profile - https://www.younghunter.co.nz/our-team/austin-lange
Email: axl@younghunter.co.nz
