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Immigration Act 2009

Refugee and protection status determinations - Miscellaneous matters

149: Powers of refugee and protection officers

You could also call this:

“What refugee and protection officers can do when assessing refugee claims”

When you ask for protection as a refugee, or if someone is checking if you should keep your refugee status, a special officer called a refugee and protection officer will look into your case. This officer can do many things to help them make a decision about you.

The officer can ask you to give them information within a certain time. They can also ask you to show them documents you have or can get. If the officer thinks someone else has documents about you, like your passport, they can ask that person to show those documents too.

The officer might need to collect information about your body, like fingerprints. They can ask you to come to an interview. They can also look for information from other places to help them understand your case.

If you don’t give the officer the information they need, they can make a decision without it. Also, if someone has your document and won’t show it because they say you owe them money, they still have to show it to the officer.

If you’re being kept in a place like a jail while your case is being looked at, the officer can visit you there. The people in charge of where you’re staying have to let the officer see you, bring you to an interview, and give a good place for the interview.

If you don’t go to an interview when you’re supposed to, the officer can make a decision about your case without talking to you.

Remember, the officer’s job is to find out if you need protection as a refugee. They have these powers to help them do their job and make the right decision about your case.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440833.

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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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“Rules for visa claimants awaiting refugee or protection decisions”

Part 5 Refugee and protection status determinations
Miscellaneous matters

149Powers of refugee and protection officers

  1. In carrying out his or her functions under this Part in relation to a claimant or to a person whose recognition as a refugee or a protected person is being investigated, a refugee and protection officer may—

  2. require the person to supply such information, and within such times, as the officer reasonably requires:
    1. require the person to produce such documents in the person’s possession or within the person’s ability to obtain as the officer requires:
      1. inform the person that any other person may be required to produce or disclose relevant documents or information relating to the person, and require the other person to produce or disclose, as the case may be, any relevant documents or information relating to the person:
        1. if the officer has good cause to suspect that a person other than the person concerned has in his or her or its possession or control any document of the person concerned (including any passport or travel document), in the prescribed manner request that other person to produce that document:
          1. require the person to allow biometric information to be collected from him or her:
            1. require the person to attend an interview:
              1. seek information from any source:
                1. determine the claim or matter on the basis of the information, evidence, and submissions provided by the person.

                  1. A person who is requested to produce a document under subsection (1)(d) is not entitled to refuse to comply with the request by reason only that the person concerned has a lien over the document.

                  2. If a claimant, or a person whose recognition as a refugee or a protected person is being investigated, is detained in custody, a refugee and protection officer may require the person having custody of that person to—

                  3. provide the refugee and protection officer with access to the place where the person is being detained; and
                    1. produce the person for interview; and
                      1. make appropriate facilities available for the interview.

                        1. Where a person who is required to attend an interview fails to attend at the appointed time and place, the refugee and protection officer may determine the claim or matter without conducting the interview.

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                        Notes
                        • Section 149(1)(d): amended, on , by section 38 of the Immigration Amendment Act 2015 (2015 No 48).