Part 5
Refugee and protection status determinations
Cessation or cancellation of recognition
146Cancellation of person's recognition as refugee or protected person (other than New Zealand citizen)
A refugee and protection officer may cancel the recognition of a person who is not 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 under this Act; or
- the original determination to recognise the person as a refugee was made under the former Act 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 under this Act; or
- 1 or more of the circumstances referred to in section 145(b) apply in respect of the person; and
- the refugee and protection officer has determined that the person is not a refugee or a protected person.
A person whose recognition as a refugee or a protected person is cancelled under this section—
- is liable for deportation under section 162; and
- has the rights of appeal set out in subsection (2) of that section.