D4.25 Cancellation of a removal order

Immigration Act 1987 ss 35A, 58
Immigration Regulations 1999 Form 5, Schedule 2

1. A removal order may be cancelled if:
   1. it was granted in error; or
   2. an immigration officer considers that, in all the circumstances, it is appropriate to grant a permit under section 35A of the Immigration Act 1987.
2. Immigration officers who are designated to make removal orders may, while the subject of a removal order is still in New Zealand, cancel the removal order by endorsing a copy of the removal order accordingly and personally serving that copy of the order on the person named in it.
3. The cancellation endorsement has the effect of directing anyone who is detaining the person named in the order as a result of the removal order, to immediately release the person from custody. The immigration officer who cancels the order must ensure that the person is released immediately.
4. If a person has already left New Zealand or been removed from New Zealand an immigration officer who is designated to make removal orders may cancel the removal order by advising (on Form 5, Schedule 2, Immigration Regulations 1999) the person named in a removal order, that the order is cancelled.
5. Under section 58 of the Immigration Act 1987 no person has the right to apply to an immigration officer to have a removal order cancelled. If a person purports to apply for the cancellation of a removal order, an immigration officer is not obliged to consider the application or to give any reasons for any decision relating to the application, other than that section 58(5) of the Immigration Act 1987 applies.

   Note: Section 23 of the Official Information Act 1982 does not apply to any application to have a removal order cancelled.

Effective 01/10/1999