Y3.1 Categories of people who will normally be refused entry permission (29/11/2010)

See also Immigration Act 2009 ss 15, 16, 179, 180

1. fall within the categories of people outlined in sections 15 or 16 of the Immigration Act 2009 including:
   1. people who, at any time, have been convicted and sentenced to imprisonment for a term of 5 years or more, or sentenced to an indeterminate period capable of running for five years or more; or
   2. people who, at any time in the preceding 10 years, have been convicted and sentenced to imprisonment for a term of 12 months or more, or sentenced to an indeterminate period capable of running for 12 months or more; or
   3. people who have been removed or deported from New Zealand under any enactment (subject to certain exclusions under section 15(3) of the Immigration Act 2009) or are subject to a period of prohibition on entry imposed under section 179 of the Immigration Act 2009 or if section 180 of the Immigration Act 2009 applies; or
   4. people who are excluded from New Zealand under any enactment; or
   5. people who have been removed, excluded or deported from another country; or
   6. people who the Minister of Immigration (the Minister) has reason to believe are likely to commit an offence in New Zealand that is punishable by imprisonment; or
   7. people who the Minister has reason to believe are, or are likely to be, a threat or risk to security; or
   8. people who the Minister has reason to believe are, or are likely to be, a threat or risk to public order; or
   9. people who the Minister has reason to believe are, or are likely to be, a threat or risk to the public interest; or
   10. any member of a terrorist entity designated under the Terrorism Suppression Act 2002.
2. have made a false declaration in their arrival card or failed to comply with passenger responsibilities on arrival, including having failed to produce:
   1. an arrival card; or
   2. a passport or certificate of identity; or
   3. other immigration documentation required by an immigration officer; or
3. are unable to meet the requirements for entry permission or for a visa under the relevant instructions; or
4. hold false documentation; or
5. hold a transit visa; or
6. are stowaways; or
7. are members of groups on whom United Nations (UN) sanctions have been imposed (see Y3.45).

Y3.1.1 Refugee status or protection claimants

If a person who would normally be refused entry indicates that they wish to claim refugee or protection status they must not be removed from New Zealand until their refugee or protection status has been finally determined, and then only if their claim is unsuccessful or if section 164(3) of the 2009 Immigration Act 2009 allows. (see Y6).

Effective 29/11/2010