Are you afraid of being deported?

We offer timely, expert and practical legal advice for our clients facing deportation.

An immigration appointment with our principle lawyer Aaron Martin could provide the guidance you need to make a successful case to Immigration NZ and resolve your immigration problems.

  • We can assess your circumstances to see if there is any likelihood of a successful request for suspension or a successful appeal.
  • We can also assess if there is any other visa criteria to apply for to secure an alternate solution.
  • We understand system and know what to do.

Read a success story…

We helped a client receive a rehearing for a conviction that had led to a deportation liability notice.

The client was discharged without conviction, the deportation liability was removed and we helped him gain permanent residency.

“I can’t thank Aaron enough. I’m still in shock at what I have been through and can’t register that it’s finally over. I’m so happy – over the moon. I have lodged my citizenship and feel as if my soul is smiling inside me.”

– AHMEED USMAN

What you need to know about Deportation liability

There are a range of reasons which would trigger Immigration to serve a deportation liability notice.
We have assisted many clients who were caught out when a low-level crime triggered a deportation notice. We have experience assisting those made liable for deportation because the basis upon which their visa was given disappeared- e.g. they held a relationship visa and the relationship ended; or they lose the job stated on their visa.

We also have experience in dealing with situations where Immigration New Zealand has issued a deportation liability notice because they allege false or misleading information was supplied in a previous visa application.

From our experience, we find that Immigration will normally serve a deportation liability notice in the following circumstances:

  • Committing crimes while holding a temporary visa or within certain periods after being granted residence
  • Breaching visa conditions – if you’ve breached any of the conditions of your visa (for example, it might have been a condition of a Resident Visa under the Skilled Migrant Category that you accept an offer of skilled employment within three months)
  • Fraud, forgery, misinformation – if Immigration New Zealand find out you gave them false, fraudulent, forged or misleading information, or that you held back relevant information, when you applied for your visa
  • False identity – if you’re holding your visa under a false identity
  • New character information – if, within five years after you obtained your first Resident Visa, Immigration NZ gets new information about your “character” that existed at the time they granted you the visa and that would have disqualified you from getting the visa had they known about it
  • Mistakes (“administrative error”) – if Immigration NZ granted your visa by mistake (for example, if you shouldn’t have been given a visa in the first place because your criminal record legally disqualified you)
  • Security risk – if you’re a current threat to New Zealand’s defence or security, including security against terrorism, spying and organised crime (but this requires a certificate from the Minister of Immigration and an Order in Council from the government).

What we recommend our clients to do:

If you are liable for deportation you will generally have a right of appeal to the Immigration and Protection Tribunal. The appeal rights, and length of time a person has to appeal against deportation liability, depend on the type of visa the person holds, and the grounds for their liability for deportation.
Prior to making an appeal some people will have an opportunity to request their deportation liability to be suspended or cancelled. A suspension of the deportation liability can be imposed for a period up to 5 years and on conditions the Minister of immigration think fit.

If deportation liability is suspended, it will be cancelled after the suspension period has elapsed provided that none of the terms and conditions imposed are breached.

Deportation liability can be reactivated however if any of the suspension terms and conditions are breached during the suspension period.; or if new grounds for deportation liability arise.

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Appeals of this nature can be challenging. They require a substantive understanding of New Zealand case law, legislation and the various Human Rights Conventions.
Preparation takes time. So it is crucial that if there is something that arises that jeopardises your future in New Zealand we recommend that you get advice fast.