Is your past catching up with you?
The past is the past right? Wrong. At our office recently we had an inquiry regarding a Deportation Liability Notice. Unusually for these notices it was regarding a criminal matter which was nearly 10 years old.
Criminal Convictions can lead to deportation.
Immigration New Zealand has the power to issue Deportation Notices under the Immigration Act – s161, even if you are a Resident.
Where the Court has the power to sentence you to 3 months or more imprisonment- you can be liable for deportation. If you have held residence for less than 2 years.
Similarly if a Court can impose a sentence of 2 years or more imprisonment. You may still be liable for Deportation after 5 years of residence.
In a similar vein – if a Court can impose a sentence of 5 or more years imprisonment. You may still be liable up to 10 years of residence.
The key point here is how long the Court CAN sentence you to, not WHAT the court sentenced you to. For example many drink driving offences usually result in fines or loss of license. Because the Court can impose a prison sentence of 3 months or
What if I’m on a temporary visa?
If you hold a temporary visa (eg. a work visa, a visitor visa or student visa) – the situation is different.
Under Section 157 of the Immigration Act -you may be liable for Deportation for what is termed ‘criminal offending’. As we discussed in a recent case at the Immigration and Protection Tribunal – Criminal offending includes being charged with a crime.
Can I appeal?
Not so fast. Immigration New Zealand will usually give you an opportunity to respond to the Deportation Liability Notice before they action it.
While if you are Temporary Visa they will may ask you to submit a ‘Good Reasons Request’. This requires a written response.
If you hold a Residence Visa they will give you the opportunity to answer a Deportation Liability Questionnaire. This requires a written response.
If Immigration New Zealand do not accept response, you may appeal your Deportation Liability to the Immigration and Protection Tribunal.
Seek expert advice
Deportation Liability Notices are serious and you need legal assistance to help you through the process.
Don’t hesitate to reach out to IDESI LEGAL for guidance and support.
Contact us today . If visiting our Auckland or Wellington office is not feasible, we offer online consultations. Call us at 044616018 to schedule a virtual meeting. We have extensive experience in New Zealand immigration law.
