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New Zealand law explained for everyone

Immigration Act 2009

Deportation - Liability for deportation

164: Limitation on deportation of persons recognised or claiming recognition as refugee or protected person

You could also call this:

“Rules for deporting refugees and protected persons in New Zealand”

If you are recognised as a refugee or protected person in New Zealand, or if you have applied for this recognition, you cannot be deported under this Act. This rule applies even if other parts of the Act say you can be deported, but there are two exceptions.

The first exception is for refugees or people who have applied to be refugees. You can be deported if the Refugee Convention allows it in Article 32.1 or 33.

The second exception is for protected persons. You can be deported to any place, except places where there are strong reasons to believe you would be in danger. This danger could be torture, as explained in section 130(5), or it could be arbitrary deprivation of life or cruel treatment, as explained in section 131(6).

A refugee and protection officer must decide if these exceptions apply to you. When they make this decision, they must follow the rules in section 148, just as if they were making other decisions covered by that section.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440853.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Rights and equality > Anti-discrimination
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“You can be deported if considered a security threat”

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Part 6 Deportation
Liability for deportation

164Limitation on deportation of persons recognised or claiming recognition as refugee or protected person

  1. No person who is recognised as a refugee or a protected person in New Zealand, or who is a claimant, may be deported under this Act.

  2. Subsection (1) applies despite anything in this Part, but subject to subsections (3) and (4).

  3. A refugee or a claimant for recognition as a refugee may be deported but only if Article 32.1 or 33 of the Refugee Convention allows the deportation of the person.

  4. A protected person may be deported to any place other than a place in respect of which there are substantial grounds for believing that the person would be in danger of being subjected to—

  5. torture (as defined in section 130(5)); or
    1. arbitrary deprivation of life or cruel treatment (as defined in section 131(6)).

      1. A refugee and protection officer must determine the matter in subsection (3) or (4), and section 148 applies when making the determination, as if the determination were a determination to which that section applies.