I have a visa, can I still be stopped from boarding my flight?

You have a visa. You should be fine to board your flight into New Zealand? Not necessarily as some people have recently found out.

Certain prominent cases of Visa holders being denied passage to New Zealand have made it to the press.

The case of the Bangladeshi nationals

Recently, visa holders have been stopped from taking their flights to New Zealand. One recent case is that of the 25 Bangladeshi nationals denied boarding on their flight to New Zealand. According to the media report these Bangladeshi nationals held Electronic Travel Authorities (ETA). The ETAs were purportedly for transit to Australia and it appears that there was no onward travel to Australia booked.

Immigration New Zealand using their powers refused to have these Bangladeshi nationals board their flight in Dhaka.

The case of the Kazakh blogger

Prominent Kazakh blogger/influencer Alisher Yelikbayev was refused boarding on a flight to New Zealand a few months ago. Mr Yelikbayev according to the reports had booked a 10 day holiday in New Zealand. INZ became suspicious as Mr Yelikbayev travelled without his family. According to Mr Yelikbayev his children did not cope well with long international flights.

Immigration New Zealand cancelled his visa.

Can they really cancel my visa?

Yes the Minister for Immigration or an Immigration Officer can under section 66 of the Immigration Act. This applies if you hold a temporary visa (eg. a work visa, a visitor visa or student visa) or a Transit Visa and you are offshore.

In fact work visa holders report they have been approached by INZ Staff before boarding and being asked about their work in New Zealand. Decisions not to board these passengers have been made on subjective ‘credibility’ grounds.

Can I appeal?

No, you can’t appeal.

You can seek your Immigration New Zealand file to get information behind the decision. A number of options may be available.

Seek expert advice

Has this happened to you?

Get help. Visa cancellations detrimentally affects your chances of obtaining a visa in future in New Zealand.

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.