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

132: Claims not to be accepted from certain persons

You could also call this:

“Who can't apply for refugee or protected person status”

You can’t make a claim to be recognised as a refugee or protected person if you are a New Zealand citizen. If you are a resident or permanent resident, you also can’t make a claim unless you have been given a deportation liability notice or you are named in a special order called an Order in Council. These rules don’t stop a refugee and protection officer from looking at your claim again if they need to under certain sections of the 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=DLM1440808.

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

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133: How claim made, or

“How to apply for refugee or protected person status in New Zealand”

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

132Claims not to be accepted from certain persons

  1. A refugee and protection officer must not consider a claim by a person who is—

  2. a New Zealand citizen; or
    1. a resident or permanent resident, unless—
      1. the person has been served with a deportation liability notice; or
        1. the person is named in an Order in Council made under section 163.

        2. Nothing in this section affects the power of a refugee and protection officer to re-open a claim for further consideration under any of sections 143 to 147.

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