Immigration Act 2009
Sections and provisions with full text and the judgments that cite each one.
Section 166 — Limitation on deportation of diplomats, etc
166 Limitation on deportation of diplomats, etc Despite anything in this Part, no person who is for the time being entitled to any immunity from jurisdiction by or under the Diplomatic Privileges and…
Section 167 — Period of deportation liability
167 Period of deportation liability (1) Residence class visa holders remain liable for deportation for a period of 10 years following the arising of the liability for deportation. (2) The period of…
Section 168 — Liability for deportation when person outside New Zealand
168 Liability for deportation when person outside New Zealand (1) A person may become liable for deportation under any of sections 155 to 163 when the person is outside New Zealand and, subject to…
Section 169 — Effect of being liable for deportation
169 Effect of being liable for deportation (1) A person liable for deportation may not— (a) apply for a visa, if he or she is unlawfully in New Zealand; or (b) apply for a further visa of a different…
Section 170 — Deportation liability notice
170 Deportation liability notice (1) A deportation liability notice must be served on a person liable for deportation if it is intended to execute the deportation of the person. (2) Subsection (1)…
Section 171 — Contents of deportation liability notice
171 Contents of deportation liability notice A deportation liability notice must be signed by the Minister or an immigration officer and state— (a) the provision or provisions of this Act under which…
Section 172 — Minister may cancel or suspend liability for deportation
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…
Section 173 — Right of victims to make submissions on suspension or cancellation of liability for deportation
173 Right of victims to make submissions on suspension or cancellation of liability for deportation (1) In determining whether to cancel or suspend a person’s liability for deportation, the Minister…
Section 174 — Effect of suspension
174 Effect of suspension (1) Where a person’s liability for deportation is suspended by the Minister under section 172 , during the period of the suspension— (a) the person may not apply for a visa…
Section 175 — When deportation order may be served
175 When deportation order may be served (1) An immigration officer or a constable may serve a deportation order on a person,— (a) where the person has been served with a deportation liability notice…
Section 176 — Content of deportation order
176 Content of deportation order (1) A deportation order must specify— (a) that the person named in the order is ordered to be deported from New Zealand; and (b) that any visa held by the person will…
Section 177 — Deportation order may be cancelled
177 Deportation order may be cancelled (1) An immigration officer may, in his or her absolute discretion, cancel a deportation order served on a person to whom section 154 applies. (2) Nothing in…
Section 178 — Executing deportation order
178 Executing deportation order (1) A deportation order may be executed once it has been served on the person subject to the order. (2) A deportation order may be executed by— (a) taking the person…
Section 179 — Deported person may not enter New Zealand during period of prohibition on entry
179 Deported person may not enter New Zealand during period of prohibition on entry (1) A person 18 years of age or over who is deported from New Zealand may not return to New Zealand, or be granted…
Section 180 — Deported person may not enter New Zealand until costs of deportation repaid
180 Deported person may not enter New Zealand until costs of deportation repaid (1) A person 18 years of age or over who is deported from New Zealand may not return to New Zealand, or be granted a…
Section 181 — Consequences for deported person if person enters or attempts to enter New Zealand during period of prohibition on entry
181 Consequences for deported person if person enters or attempts to enter New Zealand during period of prohibition on entry (1) Subsection (2) applies to a person who— (a) is deported from New…
Section 182 — Minister may reduce or remove period of prohibition on entry
182 Minister may reduce or remove period of prohibition on entry (1) The Minister may in his or her absolute discretion reduce, or remove altogether, the period of prohibition on entry that would…
Section 183 — Interpretation
183 Interpretation In this Part, unless the context otherwise requires,— affected person means a person who is— (a) the subject of an application made by a refugee and protection officer under…
Section 184 — Purpose of Part
184 Purpose of Part The purpose of this Part is— (a) to provide comprehensively for the system of appeal and review in respect of decision making under this Act, including by providing for— (i)…
Section 185 — Right of reconsideration if onshore application for further temporary visa declined
185 Right of reconsideration if onshore application for further temporary visa declined (1) This section applies to a holder of a temporary visa if— (a) the holder of the temporary visa (the…
Section 186 — Limited right of review in respect of temporary entry class visa decisions
186 Limited right of review in respect of temporary entry class visa decisions (1) No appeal lies against a decision of the Minister or an immigration officer on any matter in relation to a temporary…
Section 187 — Rights of appeal in relation to decisions concerning residence class visas
187 Rights of appeal in relation to decisions concerning residence class visas (1) There is a right of appeal to the Tribunal against a decision concerning a residence class visa in the following…
Section 188 — Determination of appeal in relation to residence class visa
188 Determination of appeal in relation to residence class visa (1) In determining an appeal under section 187 , the Tribunal may— (a) confirm the decision appealed against as having been correct in…
Section 189 — Use of further information in appeals under section 187
189 Use of further information in appeals under section 187 (1) In determining an appeal under section 187 , the Tribunal may not consider any information or evidence adduced by the appellant that…
Section 190 — Procedure where appeal successful or Tribunal makes recommendation
190 Procedure where appeal successful or Tribunal makes recommendation (1) The Minister or an immigration officer must grant a residence class visa (and if necessary grant entry permission) to the…
Section 191 — No appeal or review rights in relation to invitations to apply
191 No appeal or review rights in relation to invitations to apply (1) No appeal lies against a decision of the Minister or an immigration officer on any matter in relation to whether to issue an…
Section 192 — No appeal or review rights in relation to transit visas
192 No appeal or review rights in relation to transit visas (1) No appeal lies against a decision of the Minister or an immigration officer on any matter in relation to a transit visa, whether to a…
Section 193 — Tribunal consideration of refugee and protection matters
193 Tribunal consideration of refugee and protection matters (1) Every appeal relating to whether a person should be recognised as a refugee or a protected person in New Zealand must be determined in…
Section 194 — Right of appeal in relation to decisions concerning refugee or protection status (other than subsequent claims)
194 Right of appeal in relation to decisions concerning refugee or protection status (other than subsequent claims) (1) A person may appeal to the Tribunal against a decision by a refugee and…
Section 195 — Right of appeal in relation to subsequent claims for refugee or protection status
195 Right of appeal in relation to subsequent claims for refugee or protection status (1) A person may appeal to the Tribunal against a decision by a refugee and protection officer— (a) under section…
Section 196 — Determination of appeal against decision declining to accept for consideration claim in light of international arrangement or agreement
196 Determination of appeal against decision declining to accept for consideration claim in light of international arrangement or agreement (1) Where an appeal is brought under section 194(1)(a) ,…
Section 197 — Determination of appeal against decision declining to accept for consideration certain claims for recognition as refugee
197 Determination of appeal against decision declining to accept for consideration certain claims for recognition as refugee (1) Where an appeal is brought under section 194(1)(b) , the Tribunal…
Section 198 — Determination of appeal against declining of claim for recognition, cancellation of recognition, or cessation of recognition
198 Determination of appeal against declining of claim for recognition, cancellation of recognition, or cessation of recognition (1) Where an appeal is brought under section 194(1)(c) or (d) , the…
Section 199 — After successful appeal, Minister to decide immigration status of protected person who may have committed certain crimes or been guilty of certain acts
199 After successful appeal, Minister to decide immigration status of protected person who may have committed certain crimes or been guilty of certain acts The Minister must make any decision about a…
Section 200 — Determination of appeal against refusal or declining of subsequent claim for recognition as refugee or protected person
200 Determination of appeal against refusal or declining of subsequent claim for recognition as refugee or protected person (1) Where an appeal is brought under section 195(1)(a) , the Tribunal must…
Section 201 — Persons who may appeal to Tribunal on facts
201 Persons who may appeal to Tribunal on facts (1) The following persons may appeal to the Tribunal on the facts against their liability for deportation: (a) residents whose liability for…
Section 202 — Grounds for determining appeal on facts
202 Grounds for determining appeal on facts The Tribunal must allow an appeal against liability for deportation on the facts where,— (a) in the case of an appellant liable for deportation under…
Section 203 — Process when entitlement to appeal on facts and humanitarian grounds
203 Process when entitlement to appeal on facts and humanitarian grounds (1) A person who is entitled to and wishes to appeal both on the facts and on humanitarian grounds must lodge both appeals…
Section 204 — Special process where refugee or protection status acquired through fraud, etc
204 Special process where refugee or protection status acquired through fraud, etc (1) Subject to subsections (2) and (3), where a person who is liable for deportation under section 162 appeals…
Section 205 — Special process if refugee or protected person liable for deportation under section 161
205 Special process if refugee or protected person liable for deportation under section 161 (1) This section applies if— (a) a refugee or a protected person is liable for deportation under section…
Section 206 — Who may appeal to Tribunal on humanitarian grounds
206 Who may appeal to Tribunal on humanitarian grounds (1) The following persons may appeal to the Tribunal on humanitarian grounds against their liability for deportation: (a) a person liable for…
Section 207 — Grounds for determining humanitarian appeal
207 Grounds for determining humanitarian appeal (1) The Tribunal must allow an appeal against liability for deportation on humanitarian grounds only where it is satisfied that— (a) there are…
Section 208 — Right of victims to make submission on appeal
208 Right of victims to make submission on appeal (1) In determining a humanitarian appeal by a person who becomes liable for deportation under section 161 , the Tribunal must have regard to— (a) any…
Section 209 — Tribunal may make orders considered necessary on allowing appeal against liability for deportation
209 Tribunal may make orders considered necessary on allowing appeal against liability for deportation If the Tribunal decides that an appeal against liability for deportation should be allowed, it…
Section 210 — Tribunal may order grant of visa on allowing appeal against liability for deportation
210 Tribunal may order grant of visa on allowing appeal against liability for deportation (1) Without limiting section 209, if the Tribunal decides that an appeal against liability for deportation…
Section 211 — Effect of successful appeal against liability for deportation
211 Effect of successful appeal against liability for deportation (1) If the Tribunal allows an appeal under this Part against liability for deportation, the appellant's liability is cancelled and…
Section 212 — Tribunal may suspend liability for deportation on allowing humanitarian appeal
212 Tribunal may suspend liability for deportation on allowing humanitarian appeal (1) On allowing any humanitarian appeal the Tribunal may, in the case of a resident or permanent resident, make an…
Section 213 — Effect of suspension
213 Effect of suspension (1) If a person’s liability for deportation is suspended by the Tribunal under section 212 , during the period of the suspension— (a) subsection (2), (3), or (4) applies, as…
Section 214 — Effect of suspension on appeal
214 Effect of suspension on appeal (1) This section applies if the Minister suspends a person’s liability for deportation, and the person has lodged an appeal under this Part against that liability.…
Section 215 — Tribunal may reduce or remove period of prohibited entry under deportation order
215 Tribunal may reduce or remove period of prohibited entry under deportation order (1) On declining an appeal against liability for deportation, the Tribunal may in its absolute discretion order…