I have been told that I will be deported, but I want to stay in New Zealand.

In this situation, we highly recommend that you come in to discuss your options with our highly experienced solicitors.

If you have a Residence visa Immigration New Zealand will probably write to you to let you know that you may be liable for deportation. You will then have a chance to explain your current circumstances and why you believe your deportation liability should either be cancelled outright, or suspended.  Suspension could be for a period of up to 5 years.  The suspension period can be thought of as a probationary period, whereby you will be given a second chance to stay in New Zealand.

If after this process Immigration New Zealand determine that you are still liable for deportation they will issue you with a Deportation Liability Notice (DLN) which triggers your right to appeal against deportation with the Immigration and Protection Tribunal.  You must put in this appeal within 28 days of receiving the DLN.  To succeed in this appeal, you will need to show that there are exceptional circumstances of a humanitarian nature that would make it unjust or unduly harsh for you to be deported, and that it would not be against the public interest to allow you to stay in New Zealand.

If you have a temporary visa (Work, Student or Visitor) Immigration will probably just send you a DLN straight away.  You have 14 days to prove to Immigration New Zealand that there are “good reasons” not to deported you.  What those good reasons are, depends on your particular situation.   If Immigration decides that you are still liable for deportation then you can still put in an appeal (see above).

If you don’t have a visa you have 42 days after your last visa expired to submit the humanitarian appeal against deportation.

Winning a humanitarian appeal before the Immigration & Protection Tribunal is very difficult.  You should ask for professional help to find out if it is even worth appealing, and to help you fight your case.  If someone tells you that you should write to the Minister of Immigration instead, this is bad advice if you have not already tried to win your appeal.