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StatuteImmigration Act 2009

Section 172 — Immigration Act 2009: Minister may cancel or suspend liability for deportation

Text of the provision Official document

172 Minister may cancel or suspend liability for deportation (1) The Minister may at any time, by written notice, cancel a person’s liability for deportation. (2) The Minister may at any time, by written notice, suspend a residence class visa holder's liability for deportation— (a) for a period not exceeding 5 years; and (b) subject to the visa holder complying with any conditions stated in the notice (which take effect from the date specified in the notice, being a date not earlier than the date of notification). (3) Where a person fails to comply with the conditions stated in a notice under subsection (2),— (a) the Minister may reactivate the person's liability for deportation by causing a deportation liability notice to be served on the person that sets out the grounds of the reactivation; and (b) subject to section 175(1)(e) , the person has 28 days from the date the deportation liability notice is served to leave New Zealand. (4) In the case of a person who has appealed against his or her liability for deportation, the Minister must notify the Tribunal if the person’s liability for deportation is cancelled, suspended, or reactivated under subsection (1), (2), or (3)(a). (5) The decision to cancel or suspend a person’s liability for deportation is in the absolute discretion of the Minister. (6) In the case of a person in imprisonment, the period referred to in subsection (2) commences on the date of the person’s release. (7) The cancellation or suspension of a person’s liability for deportation does not prevent the person from becoming liable for deportation on other grounds.

Official source: legislation.govt.nz

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