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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”
You could also call this:

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

A refugee and protection officer can ask the Tribunal to look at whether a New Zealand citizen should still be recognised as a refugee or protected person. They can do this if the Tribunal made the original decision to recognise the person, or if the Refugee Status Appeals Authority did so under the old law.

The Tribunal can then cancel the person’s recognition as a refugee or protected person if two things are true. First, one of these must have happened:

  1. The Tribunal finds that the person might have gotten their recognition by cheating, like using fake documents or hiding important information.
  2. The person has been found guilty of a crime where it’s shown they got their recognition by cheating.
  3. The Tribunal decides that some important rules about who can be a refugee couldn’t be properly looked at before, maybe because of cheating.

Second, the Tribunal must also decide that the person is not actually a refugee or protected person.

You should know that this is about New Zealand citizens, and it’s a way to check if someone should keep their special status even after becoming a citizen.

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Next up: 148: Procedures to be followed when refugee and protection officer making determination under section 143, 145, or 146

or “Steps for refugee and protection officers when making decisions about refugee status”
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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

  1. 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—

  2. the original determination to recognise the person as a refugee or a protected person was made by the Tribunal; or
    1. the original determination to recognise the person as a refugee was made by the Refugee Status Appeals Authority under the former Act.

      1. 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—

      2. 1 or more of the following apply in respect of the person:
        1. the Tribunal has determined that the recognition may have been procured by fraud, forgery, false or misleading representation, or concealment of relevant information; or
          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; or
            1. 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
            2. the Tribunal has determined that the person is not a refugee or a protected person.