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

135: Claimant responsible for establishing claim

You could also call this:

“You must prove your own claim to be a refugee or protected person”

If you want to be recognised as a refugee or protected person, you need to prove your claim. This is your job, not anyone else’s. You must give all the information, evidence, and reasons that support your claim to the refugee and protection officer. This officer will decide on your claim. You should do this before the officer makes their decision. You also need to give any information that might support other types of claims for being a refugee or protected person. Remember, it’s up to you to make sure the officer has all the information they need to understand your situation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440813.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
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134: Whether to accept claim for consideration, or

“Decision on accepting a refugee or protected person claim for consideration”

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135A: Suspension of determination of claim, or

“When the processing of your refugee or protection claim can be paused”

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

135Claimant responsible for establishing claim

  1. It is the responsibility of a claimant to establish his or her claim for recognition under section 129, 130, or 131 as a refugee or a protected person.

  2. To this end, the claimant must ensure that, before a refugee and protection officer makes a determination on his or her claim, all information, evidence, and submissions—

  3. that the claimant wishes to have considered in support of the claim are provided to the refugee and protection officer; and
    1. that the claimant would wish to have considered in support of any other potential claim under section 129, 130, or 131 are provided to the refugee and protection officer.

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