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Immigration Act 2009

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

138: Decision on claim

You could also call this:

"A decision is made on your claim to be a refugee or protected person."

Illustration for Immigration Act 2009

When you make a claim to be recognised as a refugee or protected person, a refugee and protection officer looks at your claim. They must recognise you as a refugee if they are satisfied that you meet the grounds for recognition in section 129. They must recognise you as a protected person if they are satisfied that you meet the grounds for recognition in section 130 or 131. The officer can refuse to recognise you if they think you have protection in another country. They can also refuse if you have been recognised as a refugee by another country and can be received back and protected there without risk. The officer's decision is final unless the Tribunal overturns it on appeal under section 194. The officer must tell you about their decision and the reasons for it. They must also tell you about your right to appeal to the Tribunal if your claim is declined. After the officer makes a decision, they can re-open your claim for further consideration. They can do this under their own discretion, using sections 143 to 147.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440816.

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137: Matters to be determined by refugee and protection officer, or

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

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139: Minister to decide immigration status of protected person who may have committed certain crimes or been guilty of certain acts, or

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

138Decision on claim

  1. A refugee and protection officer must recognise a person as—

  2. a refugee if satisfied that the grounds for recognition in section 129 have been met:
    1. a protected person if satisfied that the grounds for recognition in section 130 or 131 (or both) have been met.

      1. Despite subsection (1), a refugee and protection officer may refuse to recognise a person as a refugee or a protected person if he or she is satisfied that the person 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. The decision of the refugee and protection officer is final, unless overturned by the Tribunal on appeal under section 194.

      3. The refugee and protection officer must notify the claimant, in the prescribed manner, of—

      4. the officer’s decision on the claim; and
        1. the reasons for the decision, which must contain the information required under section 23 of the Official Information Act 1982 as if the decision were a response to a request to which that section applies; and
          1. the officer’s determination in relation to section 137(2); and
            1. the claimant’s right of appeal to the Tribunal, where a claim for recognition on any ground has been declined.

              1. Once a decision on a claim is made and notified to a claimant, any refugee and protection officer may, in his or her absolute discretion, re-open the claim for further consideration under any of sections 143 to 147.

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