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Immigration Act 2009

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

137: Matters to be determined by refugee and protection officer

You could also call this:

“How a refugee and protection officer assesses your claim for refugee or protected person status”

When you make a claim to be recognised as a refugee or protected person, a refugee and protection officer will look at your case. They will decide a few things in this order:

First, they will check if you can be called a refugee based on the rules in section 129. Then, they will see if you can be called a protected person based on the rules in section 130. Finally, they will check if you can be called a protected person based on the rules in section 131.

The officer will also check if there are serious reasons to think you have done some very bad things. These include crimes against peace, war crimes, crimes against humanity, serious non-political crimes outside New Zealand, or acts against what the United Nations stands for.

If the officer thinks you might have done these bad things, it doesn’t mean they will refuse your claim to be a protected person. It only matters if you are recognised as a protected person. If you are, and the officer thinks you did these bad things, the Minister will decide what to do about your immigration status.

The officer will also check if you are already protected by another country or if another country has already called you a refugee. They will see if that country can take you back and keep you safe without sending you to a place where you would be in danger.

The officer can make decisions about whether they believe you and about facts in your case. They must check all of these things, even if you only asked to be recognised for one or two of the three reasons mentioned in the rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440815.

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136: How refugee and protection officer to determine claim, or

“How a refugee and protection officer assesses and decides on your claim”

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

137Matters to be determined by refugee and protection officer

  1. For each claim accepted for consideration, a refugee and protection officer must determine, in the following order:

  2. whether to recognise the claimant as a refugee on the ground set out in section 129; and
    1. whether to recognise the claimant as a protected person on the ground set out in section 130; and
      1. whether to recognise the claimant as a protected person on the ground set out in section 131.

        1. For each claim accepted for consideration, a refugee and protection officer must also determine, as part of the process in respect of a determination under subsection 1(b) or (c), whether there are serious reasons for considering that the claimant has—

        2. committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes; or
          1. committed a serious non-political crime outside New Zealand before entering New Zealand; or
            1. been guilty of acts contrary to the purposes and principles of the United Nations.

              1. To avoid doubt, a determination made under subsection (2)—

              2. must not be used as grounds to refuse a claim by the person concerned for recognition as a protected person; and
                1. is relevant only if the person is recognised as a protected person; and
                  1. if answered in the affirmative, requires the Minister to determine the immigration status of the protected person in accordance with section 139.

                    1. For each claim accepted for consideration, a refugee and protection officer must also determine whether the claimant has the protection of another country or has been recognised as a refugee by another country and can be received back and protected there without risk of being returned to a country where he or she would be at risk of circumstances that would give rise to grounds for his or her recognition as a refugee or a protected person in New Zealand.

                    2. To avoid doubt, a refugee and protection officer—

                    3. in determining the matters specified in this section, may make findings of credibility or fact:
                      1. must determine all the matters described in subsections (1), (2), and (4), regardless of whether the claim was made only on 1 or 2 of the 3 grounds set out in sections 129 to 131.