Unfortunately in some instances a temporary or resident visa holder in New Zealand may suddenly find they’re liable for deportation.
A person’s deportation liability can arise for a number of reasons. This is a serious matter and therefore it is imperative that a person who is served with a Deportation Liability Notice (DLN) seeks legal advice as soon as possible.
The Lane Neave Immigration Team are experts in this complex area, and have assisted many clients to successfully contest their deportation liability.
Contesting Deportation Liability
We regularly deal with all types of deportation liability and understand the fact patterns that have led to the serving of a DLN. Our experience extends from students who have breached the conditions of their visa by failing to attend their classes and resident visa holders who have been convicted of driving with excess breath alcohol within two years of being granted residency, right through to those who have been imprisoned for a serious offence or have overstayed their visa for many years.
The key to managing these types of issues is obtaining legal advice at a very early stage, and if possible, prior to making a statement to Immigration New Zealand and/or the Police. This includes those who hold a temporary or resident visa and have been merely charged with an offence. Many migrants are very surprised to learn that relatively low level traffic charges can attract a DLN.
Temporary Visa Holders Identified as Being Liable for Deportation
We have assisted many temporary visa holders to provide documents demonstrating good reasons why their DLN should be cancelled. The circumstances that have led to them being served with a DLN have generally come about due to the temporary visa holder undertaking an activity not allowed for under the conditions of their temporary visa, or INZ becoming aware as to new information regarding their character.
In this type of situation, a temporary visa holder has 14 days from the date of service to provide a response to Immigration New Zealand demonstrating to good reasons why their DLN should be cancelled. The visa holder also has the right to lodge an appeal to the Immigration and Protection Tribunal within 28 days of being served with a DLN. It is important therefore that professional assistance is sought promptly given these timeframes.
If you are looking for assistance to provide a full response to Immigration New Zealand contesting your liability for deportation (either before or after being issued with a DLN) or to lodge an appeal to the Immigration and Protection Tribunal, please contact us immediately. This is a serious matter and you require professional assistance.
Residence Class Visa Holders Technically Liable for Deportation
We have also assisted many resident class visa holders to contest their deportation liability with the Resolutions Branch of Immigration New Zealand. The circumstances that have arisen which have resulted in New Zealand residents being found to be technically liable for deportation include:
- Resident Visa Holders who have been convicted of an offence where the Court could have sentenced them to a term of imprisonment for a minimum of three months or more, within two years of being granted residence.
- Resident visa holders who Immigration New Zealand has become aware either provided forged, fraudulent, false or misleading information in their original residence application, or withheld relevant information.
- Resident Visa Holders where Immigration New Zealand becomes aware of new information regarding their character.
- Resident Visa Holders who have breached the conditions of their resident visa.
If a person receives correspondence from the Resolutions Branch of Immigration New Zealand advising that they are technically liable for deportation, they should seek legal advice as soon as possible.
If the Minister of Immigration determines that a Resident Class Visa holder is liable for deportation and serves them with a DLN, they have a right to lodge an appeal to the Immigration and Protection Tribunal. The grounds upon which an appeal may be made and the timeframe in which it should be lodged is dependent on the section of the Immigration Act 2009 under which the DLN was issued. Again, if you find yourself in this position contact us for help.