Your illegal presence in New Zealand after the expiration of your visa is likely to trigger Immigration New Zealand (INZ) action in the form of a Deportation Liability Notice (DLN). Avoid the hassle and serious immigration consequences – make a Deportation Appeal with the IPT (Immigration and Protection Tribunal). Let us help you out.
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Has the INZ found you liable for deportation? Your presence in New Zealand is considered unlawful after your visa expires. You are now risking not only deportation but detention and a lifetime ban from the country.
A DLN can also be triggered for other reasons. You may be able to save the day by appealing the IPT against the deportation order, but you should do it quickly and under expert supervision. Our immigration consultants are right here, in Auckland – so you can walk in and get a quick resolution for the immigration mess you have landed in. Book a completely free consultation slot with our licensed immigration advisers.
How do you make a Deportation Appeal?
Notwithstanding your immigration status, you have the right to make a deportation appeal to the IPT if the INZ has issued a DLN for you. Besides residents, permanent residents and temporary visa holders, individuals who are unlawfully present in New Zealand can also avail this facility.
The IPT not only hears appeals regarding deportation but also takes up matters related to resident visas and protected/refugee status. Set up as part of 2009 Immigration Act, this independent body is not part of the INZ and is in no way related to granting New Zealand visas – it exists only to hear appeals against specific INZ verdicts.
You can make an appeal against your deportation order based on one or both of these factors:
- On a humanitarian basis: The tribunal will look for:
- Humanitarian grounds that make it overly harsh or unfair to throw you out of New Zealand, and
- Your continued stay in the country must not hurt the public interest
- On facts: IPT must be convinced that the deportation order is not based on accurate facts, and hence wrong
After your appeal is taken up by the IPT, the tribunal will make one of the following decisions:
- Allow your appeal
- Allow your appeal, and delay the deportation liability by 5 years or less
- Decline your appeal
- Decline your appeal but reduce or remove the time before you can enter the country
- Decline your appeal, but delay the deportation
Remember, the consequences of getting deported are far-reaching – this may spell the end of your New Zealand immigration dream. Do not take chances with your future; seek expert immigration guidance. Immigration Advisers NZ has a long history of coming out successful in the most complicated deportation scenarios. Get the help you need – click here to book a 100% free consultation to discuss your situation.
When should you make a Deportation Appeal?
To be very honest, you are running against time – make a deportation appeal as soon as you become aware of the situation.
IPT has specific timeframes for you to file a deportation appeal – they vary based on your immigration scenario. Here are some situations:
|Some administrative error led to your visa approval||28 days|
|False identity on visa||42 days|
|The entry permit, citizenship or visa was acquired by fraud, falsification, concealment or providing misleading information||28 days|
|Breach of visa conditions||28 days|
|Revelation of new character issues that would have blocked the issuance of your resident visa – this applies only if your resident visa is less than 5 years old||28 days|
|Invalid visa||42 days from when you held a valid visa|
The manner in which you approach your deportation appeal must factor in the basis on which the DLN was issued and the timeframe allowed.
Things begin to start getting murkier with the tribunal not allowing oral hearings to decide your appeal. The verdict will be based on the paperwork you file. The IPT may, in rare cases, allow an oral hearing, but it is at its discretion – you cannot ask for one.
Also, you want to avoid facing detention or a lifetime ban from New Zealand.
Do not risk your New Zealand dream – let our experienced immigration professionals guide you through the deportation appeal process. You can count on us to protect your interests in the best possible manner – click here to book a complimentary consultation session (100% free).