Immigration Act 2009

Refugee and protection status determinations - Cessation or cancellation of recognition

145: Cancellation of New Zealand citizen's recognition as refugee or protected person

You could also call this:

“Revoking refugee or protected person status for New Zealand citizens in certain cases”

If you are a New Zealand citizen recognised as a refugee or protected person, a refugee and protection officer can cancel this recognition in certain situations. This can happen if the original recognition was made by a refugee and protection officer, or under the former Act by a refugee status officer or before 1 October 1999, or if you were recognised as a refugee outside New Zealand and came here under a government programme.

The officer can cancel your recognition if they find that you got it through fraud, forgery, false or misleading information, or by hiding important facts. They can also cancel it if you’ve been convicted of a crime where it was proven that you got your recognition in these dishonest ways.

Another reason for cancellation is if the officer decides that some important parts of the Refugee Convention (Articles 1D, 1E, and 1F) might not have been properly looked at when you were first recognised. This could be because of fraud or hidden information.

In all these cases, the refugee and protection officer must also decide that you are not actually a refugee or protected person before they can cancel your recognition.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440825.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Crime and justice > Criminal law
Government and voting > Government departments

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144: Application to Tribunal for cessation of recognition as refugee or protected person, or

“Tribunal can review and possibly end your refugee or protected person status”


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146: Cancellation of person's recognition as refugee or protected person (other than New Zealand citizen), or

“Removing refugee or protected person status for non-citizens”

Part 5 Refugee and protection status determinations
Cessation or cancellation of recognition

145Cancellation of New Zealand citizen's recognition as refugee or protected person

  1. 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—

  2. 1 of the following applies:
    1. the original determination to recognise the person as a refugee or a protected person was made by a refugee and protection officer; or
      1. 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
        1. 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
        2. 1 or more of the following apply in respect of the person:
          1. 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:
            1. 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:
              1. 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
              2. the refugee and protection officer has determined that the person is not a refugee or a protected person.