Page updated on: Monday February 5, 2007
Unless they are exempt from the requirement to hold a permit a foreign national must hold a valid permit at all times while they are in New Zealand. It is the responsibility of the permit holder to ensure that their immigration status remains lawful for the duration of their stay in New Zealand. This includes processing times for new permits – in other words a person’s immigration status will still be unlawful even if their permit expired after they have submitted an application for a further permit to remain in New Zealand.
Forty two days after the expiry of their permit (or immediately in the case of a Limited Purpose Permit)a person’s immigration status becomes unlawful and they may be subject to removal from New Zealand. A person’s immigration status may also be unlawful if they breach the conditions of their permit.
The only appeal as of right against removal from New Zealand must be made within 42 days of a permit expiring (this timeframe is strict and cannot be extended) to the Removal Authority on the prescribed form, accompanied by the fee (as at July 2005 $700.00 per adult appealing) with full supporting evidence: The only ground for appeal is exceptional humanitarian circumstances so as to make it unjust or unduly harsh to remove you from New Zealand and that it is not against the public interest to grant a permit to you. For example there is independent evidence (not just your say so) you or your family would death or injury or very serious emotional harm or other danger if returned to the home country Wanting a better life in New Zealand is not a ground to appeal. Only a small number of appeals are successful.
It may take several months for the appeal to be considered. During that time you cannot be removed. You must tell the Authority of any change of circumstances or change of address. There is no legal aid for such appeals and no right of appearance before the Authority. The Authority is required to give you a chance to answer any potentially adverse information it receives.
Once an appeal is refused, 7 days after posting the decision to the address you gave the Authority you can be served with a removal order, placed in custody and removed from New Zealand. There is a right of appeal from the Authority to the High Court on points of law only . For details seehttp://www.removalreviewauthority.govt.nz
This is a complex area and you should seek advice from a specialist lawyer or your local Community Law Centre (if there is one in your area).