Section 158 — Immigration Act 2009: Deportation liability of residence class visa holder if visa or citizenship obtained or held by fraud, forgery, etc

158 Deportation liability of residence class visa holder if visa or citizenship obtained or held by fraud, forgery, etc (1) A residence class visa holder is liable for deportation if— (a) the person is convicted of an offence where it is established that— (i) the person’s residence class visa or entry permission was procured through fraud, forgery, false or misleading representation, or concealment of relevant information; or (ii) the person holds a residence class visa granted on the basis of a visa procured through fraud, forgery, false or misleading representation, or concealment of relevant information; or (b) the Minister determines that— (i) the person’s residence class visa or entry permission was procured through fraud, forgery, false or misleading representation, or concealment of relevant information; or (ii) the person holds a residence class visa granted on the basis of a visa procured through fraud, forgery, false or misleading representation, or concealment of relevant information. (2) A former citizen who is deemed by section 75 to hold a resident visa is liable for deportation if— (a) the person was deprived of his or her New Zealand citizenship under section 17 of the Citizenship Act 1977 on the grounds that the grant, or grant requirement, was procured by fraud, false representation, or wilful concealment of relevant information; and (b) that fraud, false representation, or wilful concealment of relevant information occurred in the context of procuring the immigration status that enabled the person to meet a requirement, or requirements, for the grant of New Zealand citizenship. (3) A person liable for deportation under this section may, not later than 28 days after the date of service of a deportation liability notice, appeal to the Tribunal against his or her liability for deportation— (a) on humanitarian grounds only, if subsection (1)(a) or (2) applies: (b) on the facts and on humanitarian grounds, if subsection (1)(b) applies. (4) If section 156 also applies to a person to whom this section applies, the person's deportation liability must be determined under section 156 and not this section.