New Zealand Lists 3 Categories of Foreigners Who Cannot be Deported

New Zealand Lists 3 Categories of Foreigners Who Cannot be Deported

  • New Zealand's Immigration New Zealand operational manual formally outlined three legal classes of foreign nationals protected from deportation
  • The guidelines draw directly from the Immigration Act 2009 and establish specific safeguards alongside distinct legal conditions for each group
  • The three categories cover refugees and asylum seekers, foreign diplomats, and individuals protected under older immigration legislation

New Zealand has formally identified three categories of foreign nationals who are legally shielded from deportation under the country's immigration framework.

Immigration New Zealand's operational manual, which draws its authority from the Immigration Act 2009, sets out the specific conditions under which each group is protected and the narrow circumstances in which those protections may not apply.

New Zealand, New Zealand visa, New Zealand Immigration, New Zealand deportation rules, foreigner in New Zealand
New Zealand lists 3 categories of foreigners who cannot be deported from the country. Photo credit: Phil Walter & Ivan Bruno/Getty Images.
Source: Getty Images

Refugees and active asylum claimants

The first and broadest category covers recognised refugees, protected persons, and individuals with pending asylum claims.

While this group generally cannot be removed from the country, the protection is not unconditional.

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Refugees and active claimants may still face removal if this is permitted under Articles 32.1 or 33 of the Refugee Convention.

Those classified specifically as protected persons receive targeted safeguards under sections 130(5) and 131(6) of the Immigration Act 2009.

They cannot be sent to any destination where there are substantial grounds to believe they would face torture, arbitrary deprivation of life, or cruel treatment.

Diplomats and consular officials

Foreign diplomatic officers and consular officials serving in New Zealand form the second protected class.

Anyone entitled to immunity under the Diplomatic Privileges and Immunities Act 1968 or the Consular Privileges and Immunities Act 1971 cannot be deported.

This protection applies broadly to diplomatic staff, with only a narrow exception for individuals specified under section 10D(2)(d) of the 1968 Act.

Historical protections under older legislation

The third category preserves legal protections that predate the current immigration framework.

Section 437 of the Immigration Act 2009 contains transitional provisions that maintain the rights of anyone whose deportation was previously prohibited under section 93 of the older Immigration Act 1987.

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This ensures that individuals who secured legal protection under legacy statutes retain that protection fully under today's immigration laws, with no disruption arising from the transition between legislative frameworks.

New Zealand names job websites for foreigners

YEN.com.gh earlier reported that New Zealand's immigration authority had published five dedicated job portals covering key sectors open to foreign workers.

The platforms covered healthcare, education, engineering, science and seasonal farm work, with each tailored to a specific industry.

New Zealand's government had also released employment projections through to 2028 to help job seekers plan ahead.

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Source: YEN.com.gh

Authors:
Salifu Bagulube Moro avatar

Salifu Bagulube Moro (Human-Interest Editor) Salifu Bagulube Moro is a Current Affairs Editor at YEN.com.gh. He has over five years of experience in journalism. He graduated from the Ghana Institute of Journalism in 2018, where he obtained a Bachelor’s Degree in Communication Studies with a specialization in Journalism. Salifu previously worked with Opera News as a Content Management Systems (CMS) Editor. He also worked as an Online Reporter for the Ghanatalksbusiness.com news portal, as well as with the Graphic Communications Group Limited as a National Service Person. Salifu joined YEN.com.gh in 2024. Email: salifu.moro@yen.com.gh.