Immigration Act 2009

Refugee and protection status determinations - Cessation or cancellation of recognition

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

You could also call this:

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

If you are recognised as a refugee or protected person in New Zealand but are not a New Zealand citizen, a refugee and protection officer can cancel your recognition. This can happen if:

You were recognised as a refugee or protected person under the current law, or under the old law before 1 October 1999, or you were recognised overseas and came to New Zealand under a special programme.

The officer finds that one of the reasons in section 145(b) applies to you.

The officer decides that you are no longer a refugee or protected person.

If your recognition is cancelled, you might have to leave New Zealand. You can appeal this decision. The rules for this are in section 162.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440826.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Rights and equality > Anti-discrimination

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

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


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147: Application to Tribunal for cancellation of New Zealand citizen's recognition as refugee or protected person, or

“Reviewing refugee or protected person status for New Zealand citizens”

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)

  1. 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—

  2. 1 of the following applies:
    1. the original determination to recognise the person as a refugee or a protected person was made under this Act; or
      1. the original determination to recognise the person as a refugee was made under the former Act 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 circumstances referred to in section 145(b) apply in respect of the person; and
          1. the refugee and protection officer has determined that the person is not a refugee or a protected person.
            1. A person whose recognition as a refugee or a protected person is cancelled under this section—

            2. is liable for deportation under section 162; and
              1. has the rights of appeal set out in subsection (2) of that section.