New Zealand Deportation Lawyer
Facing Deportation from New Zealand? Need a S61 Application or Appeal?
Rupert Ward will give your deportation or S 61 case the urgent attention required to maximise your chances of a successful appeal
Rupert Ward is an experienced immigration lawyer with a special focus on helping people at risk of deportation. If you are facing deportation, an urgent and thorough response is required. Rupert can provide a free initial consultation so that you can get a good idea of your chances of a successful outcome.
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Deportation Appeals and Reviews Require a Specialist Deportation Lawyer
The office of Rupert Ward provides specialist legal support with deportation cases and all aspects of immigration law.
If are facing deportation from New Zealand, Rupert Ward can advise you on your options for appeal and assist you in throughout the appeals process. You have the right to appeal to the Immigration and Protection Tribunal against the requirement to leave New Zealand. You have a limited time in which to make your appeal so it is important to engage a qualified immigration lawyer who specialises in deportation appeals as soon as possible.
The amount of time you have to make your appeal depends on the grounds for deportation. If you are being deported for being in New Zealand illegally (e.g. expired visa), you have six weeks from when your unlawful status begins to appeal to the Tribunal. If you appeal within the six weeks time period, you cannot be deported until the appeal process has completed and you have lost the appeal. If you hold a current New Zealand visa and have been issued a ‘deportation liability notice‘ by Immigration New Zealand, you have two weeks to challenge your deportation by giving Immigration New Zealand a reason why you shouldn’t be deported.
You also have the right to challenge your deportation by appealing to the Immigration and Protection Tribunal, either on the grounds that Immigration New Zealand are wrong or on the grounds that there are exceptional humanitarian circumstances in your case.
Tribunals & Appeals
The office of Rupert Ward handles New Zealand Immigration and Protection Tribunal applications, character waivers, Section 61 applications, residence and deportation appeals, high court appeals, appeals to the minister.
Rupert has expertise in representing clients in appeals concerning:
- decisions about residence class visas
- decisions about the recognition of a person as a refugee or protected person
- liability for deportation
- Section 61 Immigration Act applications
- Character waivers
- Applications for exception to immigration instructions
Examples of Successful Cases
Our Case Studies page has some examples of successful Immigration and Protection Tribunal deportation appeals.
Deportation FAQ
Does Immigration New Zealand have to notify me if I’m going to be deported?
If you hold a current New Zealand visa and Immigration New Zealand wants to deport you, they have to start the process by giving you a “deportation liability notice”.
If they plan to deport you because you no longer have a valid visa and so are now here unlawfully, they don’t have to give you a deportation liability notice.
How can I challenge my deportation?
There are two ways you can challenge a decision by Immigration New Zealand to deport you from New Zealand:
- Giving Immigration NZ a good reason for staying – You have two weeks (14 days) after getting a deportation liability notice to give Immigration New Zealand a good reason why you shouldn’t be deported
- Appealing to the Immigration and Protection Tribunal – You have four weeks (28 days) after getting the deportation liability notice to appeal your deportation to the Immigration and Protection Tribunal on humanitarian grounds. The Tribunal is like a court, and it’s independent of Immigration New Zealand.
How long do I have to challenge my deportation?
In the following cases, you’ll have 14 days after you receive a deportation liability notice to challenge your deportation by giving Immigration New Zealand a good reason why you shouldn’t be deported:
- if you’re a Temporary Visa holder and Immigration NZ are deporting you because you breached your visa conditions, or committed a crime, or for some other “sufficient reason”
- if Immigration NZ made a mistake in giving you a Temporary Visa or Residence Class Visa (for example if you were in fact legally disqualified from getting a New Zealand visa)
- if Immigration NZ are claiming that you obtained your Temporary Visa or Residence Class Visa using a false identity.
You’ll also usually have the right to challenge your deportation by appealing to the Immigration and Protection Tribunal, either on the grounds that Immigration NZ are wrong that they’re legally justified in deporting you or on the grounds that there are exceptional humanitarian circumstances in your case. You’ll usually have four weeks (28 days) after getting the deportation liability notice to appeal to the Tribunal.
However, if you’re being deported for being here unlawfully, you have six weeks (42 days) to appeal, counting from the first day your immigration status was unlawful (that is, the day after your visa expired).
What are grounds for a humanitarian appeal?
To get the Immigration and Protection Tribunal to let you stay on humanitarian grounds, you’ll need to satisfy them that all of the following three things are true:
- there are exceptional humanitarian circumstances in your case, and
- those circumstances would make it “unjust or unduly harsh” for you to be deported, and
- letting you stay wouldn’t be against the public interest.
Will the Tribunal hold a hearing where I can talk to them in person?
The Immigration and Protection Tribunal usually won’t hold an oral hearing hearing. Usually they’ll just decide your appeal by reading all the written evidence and argument. You can ask the Tribunal to hold an oral hearing, but you’ll need to provide reasons why you need one.
Free Initial Consultation
To help you determine if our deportation appeals service is the best fit for your situation, we offer a free initial consultation. Simply fill in your details in the form below and we will give you the details of how we can maximise your likelihood of success.
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Rupert Ward is one of the most experienced immigration lawyers in New Zealand, having worked in the area for over 25 years. Rupert has a Law Degree and an Honours Degree in International relations and knows that the strongest arguments in terms of residence or deportation are based on experience, legal knowledge and research. If you are facing deportation or want to challenge an immigration decision, Rupert and his support team will throw their all into maximising your position. Rupert is skilled, approachable and friendly and will argue your case to the very best of his ability.