Part 5
Refugee and protection status determinations
Cessation or cancellation of recognition
147Application to Tribunal for cancellation of New Zealand citizen's recognition as refugee or protected person
A refugee and protection officer may apply to the Tribunal for a determination as to whether the recognition of a New Zealand citizen as a refugee or a protected person should be cancelled if—
- the original determination to recognise the person as a refugee or a protected person was made by the Tribunal; or
- the original determination to recognise the person as a refugee was made by the Refugee Status Appeals Authority under the former Act.
On an application made under subsection (1), the Tribunal may cancel the recognition of a New Zealand citizen as a refugee or a protected person, as the case may be, if—
- 1 or more of the following apply in respect of the person:
- the Tribunal has determined that the recognition may have been procured by fraud, forgery, false or misleading representation, or concealment of relevant information; or
- 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; or
- the Tribunal 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 the Tribunal or the Refugee Status Appeals Authority for any reason, including by reason of fraud, forgery, false or misleading representation, or concealment of relevant information; and
- the Tribunal has determined that the recognition may have been procured by fraud, forgery, false or misleading representation, or concealment of relevant information; or
- the Tribunal has determined that the person is not a refugee or a protected person.