Section 61 Requests
Making a special case request under Section 61 of the Immigration Act 2009
People become unlawful for many reasons, to name a few, overlooking the visa expiry date, or a temporary visa application being declined and their interim visa expired. Once become unlawful the person becomes liable for deportation. To regain a lawful status, a special case must be made under Section 61 of the Immigration Act 2009. Immigration New Zealand has a dedicated team to consider all Section 61 requests. This team can grant any type of visa using the power authorised under the Act. It must be noted that the Section 61 team has “absolute discretion” to decide whether to grant the requested visa. They do not have to give any reason as to why the request is allowed or refused. Therefore, an applicant must present all relevant facts to maximize their chance. Section 61 request is a very technical area of legal work and it is highly recommended you should consult an immigration specialist.