Plain language law

New Zealand law explained for everyone

Immigration Act 2009

Refugee and protection status determinations

125: Refugee or protection status to be determined under this Act

You could also call this:

“Rules for deciding refugee and protection status in New Zealand”

If you want to be recognised as a refugee in New Zealand under the Refugee Convention, you must have your claim looked at according to this law. The same goes for anyone who wants to be recognised as a protected person in New Zealand. Their claim must also be checked using this law.

If there are any questions about whether someone should keep being recognised as a refugee or a protected person in New Zealand, these questions must be answered using this law.

It’s important to know that even though this law is used to decide refugee status, it doesn’t change what’s said in section 126 of this law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440793.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Government and voting > Government departments
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124: Purpose of Part, or

“This part outlines how New Zealand identifies and protects refugees and at-risk individuals”

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126: Recognition of refugees selected outside New Zealand, or

“New Zealand accepts refugees chosen overseas without requiring a local application”

Part 5 Refugee and protection status determinations

125Refugee or protection status to be determined under this Act

  1. Every person who seeks recognition as a refugee in New Zealand under the Refugee Convention must have that claim determined in accordance with this Act.

  2. Every person who seeks recognition as a protected person in New Zealand must have that claim determined in accordance with this Act.

  3. Every question as to whether a person should continue to be recognised as a refugee in New Zealand or as a protected person in New Zealand must be determined in accordance with this Act.

  4. Nothing in subsection (1) affects section 126.

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