New Zealanders held in immigration detention centres pending deportation from Australia are being asked to sign forms that give away their guaranteed right to an appeal when they choose to return home, according to a report on Radio New Zealand (RNZ).

The form these Kiwis are given to sign states, “If I have outstanding visa applications, requests or legal proceedings, I understand that if I choose not to withdraw them, consideration of my claims by the department or relevant review bodies (including the courts) may be discontinued once I am removed from Australia.”

Greg Barns of the Australian Lawyers' Alliance said the document left New Zealanders at the mercy of Australia's Immigration Department.

"What it seems to indicate is that you take a risk, if you continue with your visa application and go back to New Zealand you take a risk that the immigration department in Australia will discontinue your case because you won't be able to attend the proceedings," Greg Barns of the Australian Lawyers' Alliance

"It's a very unusual clause, it's certainly contrary to what the New Zealand Prime Minister [John Key] has been saying is the case and that is that people wouldn't be penalised if they went to New Zealand. They're quite clearly penalised if they do return to New Zealand.

"This entire process has been very unfair from the start."

Immigration Minister Peter Dutton, yesterday hastily issued a brief press release indicating that he has instructed the Department of Immigration and Border Protection to clarify the wording in all material provided to individuals seeking voluntary removal.

“Processing a revocation application would only cease, if an individual chooses to withdraw their application,” the minister stated, adding, “I have made a commitment that New Zealanders who are successful in their revocation application will not be liable for the costs of their voluntary removal and this commitment stands. Immigration Minister Peter Dutton.

“No individual returned to New Zealand is denied the right to continue appeals processing already underway in relation to the cancellation of their visa….Applications to revoke a visa cancellation will continue to be processed after an individual has departed Australia” said Mr Dutton.