Part 5
Refugee and protection status determinations
Cessation or cancellation of recognition
145Cancellation of New Zealand citizen's recognition as refugee or protected person
A refugee and protection officer may cancel the recognition of a New Zealand citizen as a refugee or a protected person, as the case may be, if—
- 1 of the following applies:
- the original determination to recognise the person as a refugee or a protected person was made by a refugee and protection officer; or
- the original determination to recognise the person as a refugee was made under the former Act by a refugee status officer or before 1 October 1999; or
- the person was recognised as a refugee outside New Zealand and has travelled to New Zealand under a government mandated programme on the basis of that recognition; and
- the original determination to recognise the person as a refugee or a protected person was made by a refugee and protection officer; or
- 1 or more of the following apply in respect of the person:
- the refugee and protection officer has determined that the recognition may have been procured by fraud, forgery, false or misleading representation, or concealment of relevant information:
- the person has been convicted of an offence where it is established that the person acquired recognition as a refugee or a protected person by fraud, forgery, false or misleading representation, or concealment of relevant information:
- the refugee and protection officer has determined that the matters dealt with in Articles 1D, 1E, and 1F of the Refugee Convention may not have been able to be properly considered by a refugee and protection officer (or a refugee status officer under the former Act) for any reason, including by reason of fraud, forgery, false or misleading representation, or concealment of relevant information; and
- the refugee and protection officer has determined that the recognition may have been procured by fraud, forgery, false or misleading representation, or concealment of relevant information:
- the refugee and protection officer has determined that the person is not a refugee or a protected person.