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New Zealand law explained for everyone

Immigration Act 2009

Refugee and protection status determinations

127: Context for decision making

You could also call this:

“How refugee claims are decided and what rules are followed”

When you make a claim under this part of the law, a refugee and protection officer will decide on it. This officer has to follow the rules in this law when they do their job. If there’s something about refugees or people asking to be recognised as refugees that this law doesn’t cover, the officer has to act in a way that matches what New Zealand has agreed to do in the Refugee Convention. You can find the full text of the Refugee Convention in Schedule 1 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=DLM1440795.

Topics:
Immigration and citizenship > Visas
Government and voting > Government departments
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126: Recognition of refugees selected outside New Zealand, or

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

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128: Matter not finally determined until expiry of appeal period or when appeal determined, or

“Decision on refugee status becomes final after appeal deadline or when appeal is resolved”

Part 5 Refugee and protection status determinations

127Context for decision making

  1. Every claim under this Part must be determined by a refugee and protection officer.

  2. In carrying out his or her functions under this Act, a refugee and protection officer must act—

  3. in accordance with this Act; and
    1. to the extent that a matter relating to a refugee or a person claiming recognition as a refugee is not dealt with in this Act, in a way that is consistent with New Zealand's obligations under the Refugee Convention.

      1. The text of the Refugee Convention is set out in Schedule 1.

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