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Special Cases - Section 61 - Unlawful Overstay

Special Cases - Section 61 – Unlawfully Overstaying 


A Section 61 request is granted to an applicant who is unlawful in New Zealand. Decisions under Section 61 are granted under absolute discretion of the Minister of Immigration. This means that the case officer may:-
 
  1. Refuse to consider the request
  2. Consider the request and decline the visa
  3. Consider the request and grant the visa
 
People unlawfully in New Zealand are obligated to leave and do not have the same rights and protections as people who have obeyed the law. 

Legal Framework
 
Persons not entitled to Section 61 visas are explained below:- 
 
  • A person who is unlawfully in New Zealand has a statutory obligation to leave the country and has no right to request for a visa under Section 61
  • A refugee applicant or a person who is no longer an applicant because their application has been declined and who held a temporary visa is not entitled to request for a visa under Section 61
  • A person holding a limited visa before its expiry may not request for a visa under Section 61
  • A person who has been given a deportation order is not entitled to a visa under Section 61
  • If a person comes within Sections 15 or 16 cannot be granted a visa under Section 61unless in accordance with a special direction
  • Under Section 11, the decision maker has no obligation to consider a visa request under Section 61
  • Under Section 11, the decision maker has no obligation to make enquiries regarding the circumstances of the person or any other person(s) requesting a visa under Section 61 or any information provided by or about that person or any other person(s)
  • Under Section 11, the decision maker has no obligation to provide reasons for any decision relating to a purported application, other than that Section 61(2) applies; and Section 27 of the Immigration Act and Section 23 of the Official Information Act do not apply 
email: help@asic.co.nz

Use Section 61-924 
 

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Email us   atesh@asic.co.nz  
 
   

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208 Great South Road
Papatoetoe, Auckland 2025


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