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

138: Decision on claim

You could also call this:

“How the refugee and protection officer decides on your refugee or protected person claim”

The refugee and protection officer will decide if you can be recognised as a refugee or a protected person. They will check if you meet the requirements in section 129, 130, or 131.

Even if you meet these requirements, the officer might still say no if you are already protected by another country. This could happen if another country has already said you’re a refugee and you can go back there safely.

The officer’s decision is final unless you appeal to the Tribunal and they change it.

The officer will tell you their decision in writing. They will explain why they made that decision and give you all the information you need. They will also tell you if you can appeal their decision.

If the officer says no to your claim, they will let you know that you can appeal to the Tribunal.

After the officer has told you their decision, they or another officer can look at your claim again if they need to.

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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.

Topics:
Immigration and citizenship > Visas
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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 5 Refugee 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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