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New Zealand law explained for everyone

Immigration Act 2009

Refugee and protection status determinations - Claims for recognition as refugee or protected person

129: Recognition as refugee

You could also call this:

“How to be officially recognised as a refugee in New Zealand”

You can be recognised as a refugee in New Zealand if you meet the definition of a refugee under the Refugee Convention. This means you fit the description of what the Refugee Convention says a refugee is.

If you are recognised as a refugee in New Zealand, you cannot be sent back to your home country or another country. The only exception to this is in special situations that are explained in section 164(3) of the Immigration Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440799.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Rights and equality > Anti-discrimination
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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”

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130: Recognition as protected person under Convention Against Torture, or

“Protecting people at risk of torture in their home country”

Part 5 Refugee and protection status determinations
Claims for recognition as refugee or protected person

129Recognition as refugee

  1. A person must be recognised as a refugee in accordance with this Act if he or she is a refugee within the meaning of the Refugee Convention.

  2. A person who has been recognised as a refugee under subsection (1) cannot be deported from New Zealand except in the circumstances set out in section 164(3).