29.12.2012 Views

Temporary Entry PDF - Immigration New Zealand

Temporary Entry PDF - Immigration New Zealand

Temporary Entry PDF - Immigration New Zealand

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

INZ Operational Manual <strong>Temporary</strong> entry<br />

g. If the claim form for refugee or protection status has not been completed at the border, a<br />

temporary visa current for one month from the date of arrival may be granted unless there<br />

are reasons not to grant a visa and the refugee or protection status claimant should be<br />

told that:<br />

i an application for a further temporary visa will only be considered after they have<br />

confirmed their claim in the prescribed manner (see C3.25); and<br />

ii they should submit any application for a further temporary visa at an INZ office in <strong>New</strong><br />

<strong>Zealand</strong> before the existing visa expires.<br />

E8.10.15 Limitations on refugee or protection status claimants granted temporary<br />

entry class visas<br />

See also <strong>Immigration</strong> Act 2009 ss 61, 150, 187<br />

a. Any claimant to whom a temporary entry class visa has been granted, (whether before or<br />

after the person became a claimant) and any temporary entry class visa holder who<br />

ceases to be a refugee or protection status claimant by virtue of his or her claim or appeal<br />

being declined or the person withdrawing their claim or appeal may not, either before or<br />

after the expiry of the temporary entry class visa:<br />

i apply for a further visa of any class or type while in <strong>New</strong> <strong>Zealand</strong>; or<br />

ii while in <strong>New</strong> <strong>Zealand</strong>, request a special direction or make a request for the grant of a<br />

visa under E8.1; or<br />

iii bring any appeal under section 187 of the <strong>Immigration</strong> Act 2009 to the Tribunal.<br />

b. Despite (a)(i) above, a refugee or protection claimant may apply for a further temporary<br />

entry class visa for such period as may be required for the claimant to be lawfully in <strong>New</strong><br />

<strong>Zealand</strong> while his or her claim is determined.<br />

c. Nothing in E8.10.15 prevents a person from bringing an appeal to the Tribunal, arising<br />

from a decision made under part 5 and 6 of the <strong>Immigration</strong> Act 2009.<br />

d. This section ceases to apply to a person if and when:<br />

i the person is recognised as a refugee or a protected person; or<br />

ii the person leaves <strong>New</strong> <strong>Zealand</strong>; or<br />

iii the person is granted a visa (other than a temporary entry class visa granted in (b)<br />

above).<br />

E8.10.20 Applications for further temporary visas by refugee or protection status<br />

claimants<br />

See also <strong>Immigration</strong> Act 2009 s 378<br />

a. To be eligible for the grant of a further temporary visa, claimants or refugee or protected<br />

persons must:<br />

i be in <strong>New</strong> <strong>Zealand</strong>; and<br />

ii submit their application before their existing visa expires.<br />

b. If a claim has been allocated to a refugee and protection officer, and the case has been<br />

scheduled for an interview, a 6 month visa may be granted.<br />

c. If a refugee or protection case is not allocated, a further temporary visa may be granted,<br />

current for up to 20 months from the date the application for refugee or protection status<br />

was submitted.

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!