New Zealand Announces 3 Categories of Foreigners Who Cannot be Deported
- New Zealand Immigration published the legal categories of foreigners who cannot be deported under the country's immigration laws
- The protections cover refugees, protected persons, and diplomats, with specific conditions attached to each category
- New Zealand also shields anyone whose deportation was prohibited under a transitional provision from an earlier 1987 immigration law
PAY ATTENTION: Find it fast with our new search feature at Legit.ng!
New Zealand's immigration authorities have outlined three distinct categories of foreigners who are shielded from deportation under the country's laws, with each category carrying its own set of conditions and legal basis.
The details appear in New Zealand Immigration's operational manual, which references the Immigration Act 2009 as the governing legislation.
Source: Getty Images
Who New Zealand protects from deportation
The following three categories of foreigners cannot be deported under New Zealand law:
1. Refugees, protected persons, and claimants.
No person recognised as a refugee, a protected person, or an active claimant may be deported, although exceptions exist. A refugee or someone seeking refugee status may still be deported if Articles 32.1 or 33 of the Refugee Convention permit it.
A protected person may be removed, but only to a destination where there are no substantial grounds to believe they would face torture, arbitrary deprivation of life, or cruel treatment as defined under sections 130(5) and 131(6) of the Immigration Act 2009.
2. Diplomats and consular officials.
Any person entitled to immunity from jurisdiction under either the Diplomatic Privileges and Immunities Act 1968 or the Consular Privileges and Immunities Act 1971 cannot be deported, with a narrow exception for persons referred to in section 10D(2)(d) of the Diplomatic Privileges and Immunities Act 1968.
3. Persons protected under transitional provisions.
No one whose deportation was already prohibited under section 93 of the earlier Immigration Act 1987 may be deported under the current 2009 legislation.
This transitional safeguard, referenced in section 437 of the Immigration Act 2009, ensures that protections granted under the older law remain intact.
Conditions attached to refugee protections
The guidance makes clear that the protections for refugees are not absolute. While the general rule bars their deportation, New Zealand law defers to international obligations under the Refugee Convention when determining whether removal is permissible in specific circumstances.
Protected persons, in particular, benefit from a narrower form of protection that relates to the nature of the destination country rather than a blanket ban on removal.
In a related story, Legit.ng reported that New Zealand had named the top 10 countries whose citizens were deported in the 2025/2026 financial year.
Countries whose citizens overstayed their New Zealand visas
Meanwhile, Legit.ng previously reported that New Zealand had published the top 10 countries whose citizens overstayed their visas.
The agency publishes this estimate annually and said the figure reflects about 30 years of immigration and border movement data, covering the period since electronic records were introduced.
The full breakdown is available on the INZ official statistics page.
Source: Legit.ng
