Facing Deportation or a Deportation Liability Notice (DLN) in New Zealand?

Being served with a Deportation Liability Notice (DLN) or deportation order is serious — but removal is not automatic. With the right legal strategy and timely action, you may be able to remain lawfully in New Zealand.
Immigration Trust specialises in complex deportation cases. We help clients respond to DLNs, file appeals, and apply for cancellation, 3Rs agreements (Residence and Reporting Requirements Agreement) or Section 61 requests.

What Is Deportation?​​​​​​​

Deportation is the formal removal of a person from New Zealand under Part 6 of the Immigration Act 2009.
You may be liable for deportation if:
  • You are unlawful (e.g. your visa has expired – Section 154)
  • Your visa was granted in error or under a false identity (Sections 155–156)
  • You breached your visa conditions (e.g. working while on a visitor visa – Section 157)
For residents, deportation may occur if:
  • You obtained your visa by fraud or omission (Section 158)
  • You were convicted of certain criminal offences (Section 161)
  • INZ receives new adverse character information (Section 160)
Depending on your case, Immigration New Zealand (INZ) may issue a Deportation Liability Notice (DLN) under Section 170, or serve a Deportation Order directly under Section 175.

Deportation Orders: What They Mean

If a Deportation Order is served:
  • You may be detained and removed at short notice (Sections 313, 178)
  • You may face re-entry bans of up to 5 years (or more) unless waived under Section 182
  • You will typically be required to leave at your own cost
In some cases, a Deportation Order can be cancelled under Section 177, following an appeal or legal submission.

Can I Appeal My Deportation?

Yes. Depending on your visa status and the reason for deportation, you may have one or more appeal options.
1. Appeal on the Facts – Section 201Applies to:
  • Temporary visa holders
  • Interim visa holders
  • Unlawful persons
  • Those whose visa was granted in error or under a false identity
The Immigration and Protection Tribunal (IPT) can cancel deportation if INZ was wrong on legal or factual grounds.
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2. Humanitarian Appeal – Section 206Available to both residents and non-residents. The IPT may cancel your liability for deportation if:
  • There are exceptional humanitarian circumstances
  • Deportation would be unjust or unduly harsh
  • Allowing you to remain is not contrary to the public interest

​Deadlines for Appeal

You generally have:
  • 14 days to appeal a Deportation Liability Notice (Section 206(3)(a))
  • Longer, in certain resident cases or if a deportation order hasn’t yet been served
  • 42 days to appeal if you are unlawful and received no DLN
Timeframes are strict — the Tribunal does not extend statutory appeal periods.

​3Rs: Residence and Reporting Requirements (Section 315)

If you are unlawful and facing immediate removal, you may be offered a Residence and Reporting Requirements Agreement (commonly known as 3Rs) under Section 315.
By agreeing to 3Rs:
  • You may avoid immediate detention or deportation
  • You must reside at a fixed address and report regularly
  • You can work with an adviser to apply under Section 61 for a new visa
This is often used as an interim solution while preparing legal submissions or appeals.

How Immigration Trust Can Help

Our team acts with urgency to:
  • Assess your deportation liability and eligibility for appeal
  • File detailed legal submissions and gather humanitarian evidence
  • Lodge appeals to the Immigration and Protection Tribunal (IPT)
  • Apply for cancellation or suspension of deportation orders (Section 172)
  • Negotiate 3Rs agreements to delay removal
  • Advise and submit Section 61 requests for those who are unlawful

Key Considerations

1. Deportation Can Proceed During an Appeal
Filing an appeal does not automatically stop deportation. Under section 212 of the Immigration Act 2009, the Immigration and Protection Tribunal (IPT) can suspend deportation — but only if it formally grants a stay. In many cases, INZ will wait for the IPT’s decision, but this is not guaranteed. Early legal action is essential to request a suspension and avoid removal while your appeal is being reviewed.

2. Detained? Your Case May Be Fast-Tracked
If you’re detained under sections 313–317, the IPT usually treats your case as urgent. Appeals from detained persons are often expedited due to the loss of liberty, but there’s no guaranteed timeframe.
Delays can still happen - the sooner your appeal is submitted, the better.

3. Humanitarian Appeals Need Strong Evidence
To win a humanitarian appeal under section 206, you must prove:
  • Exceptional humanitarian circumstances
  • Deportation would be unjust or unduly harsh
  • Staying in NZ is not against the public interest
Your appeal should include detailed, high-quality evidence such as:
  • Medical reports (mental or physical health)
  • Evidence of dependent NZ citizen/resident children or partners
  • Community ties and integration (work, volunteering, church, etc.)
  • Documentation of risk or hardship in your home country
  • The best interests of the child, as required under NZ law and international agreements
Weak or incomplete submissions are rarely successful. The IPT applies a high legal threshold when reviewing deportation cases.

Act Fast — Appeal Deadlines Are Strict

You typically have just 14 days from receiving a DLN to appeal — and the IPT cannot extend this deadline.
If you wait, you may lose your right to challenge deportation.
Use paid consultation now with Immigration Trust to review your case and protect your future in New Zealand.

Not sure if you are ready?