Plain language law

New Zealand law explained for everyone

Immigration Act 2009

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

130: Recognition as protected person under Convention Against Torture

You could also call this:

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

You can be recognised as a protected person in New Zealand under the Convention Against Torture if there are good reasons to believe you would be in danger of torture if you were sent back to your country. However, you won’t be recognised as a protected person if you can get real protection in your home country or the country where you usually live.

When deciding if there are good reasons to believe you’re in danger, the refugee and protection officer will look at all the important information. This includes checking if there’s a pattern of serious human rights violations in your country.

If you’re recognised as a protected person under this law, you can’t be sent back to your country except in special situations described in section 164(4).

In this law, ‘torture’ means the same thing as it does in the Convention Against Torture.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440802.

Topics:
Immigration and citizenship > Visas
Rights and equality > Anti-discrimination
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129: Recognition as refugee, or

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

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131: Recognition as protected person under Covenant on Civil and Political Rights, or

“Protected status for those facing unfair death or cruel treatment in home country”

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

130Recognition as protected person under Convention Against Torture

  1. A person must be recognised as a protected person in New Zealand under the Convention Against Torture if there are substantial grounds for believing that he or she would be in danger of being subjected to torture if deported from New Zealand.

  2. Despite subsection (1), a person must not be recognised as a protected person in New Zealand under the Convention Against Torture if he or she is able to access meaningful domestic protection in his or her country or countries of nationality or former habitual residence.

  3. For the purposes of determining whether there are substantial grounds for belief under subsection (1), the refugee and protection officer concerned must take into account all relevant considerations, including, if applicable, the existence in the country concerned of a consistent pattern of gross, flagrant, or mass violations of human rights.

  4. A person who has been recognised as a protected person under subsection (1) cannot be deported from New Zealand except in the circumstances set out in section 164(4).

  5. In this section, torture has the same meaning as in the Convention Against Torture.