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Immigration Act 2009

Repeals, transitional provisions, saving provisions, and related matters - Transitional and savings provisions - Refugee and protection status

425: Existing claim for recognition as refugee to be determined under this Act (other than subsequent claims made under former Act not yet accepted for consideration)

You could also call this:

“How existing refugee claims are handled under the new Immigration Act”

If you asked to be recognised as a refugee before the new law started, but no decision was made yet, your request will now be handled under the new law. The new law will be used, with some changes if needed.

If you made a second request to be recognised as a refugee under the old law, and it was accepted for review but not decided before the new law started, it will be treated like a request under the new law. The new law will be used, with some changes if needed.

If you want to appeal a decision that says no to recognising you as a refugee or a protected person, you must do it under section 194 of the new law.

If you made a second request to be recognised as a refugee under the old law, but it wasn’t decided if it would be looked at before the new law started, this section doesn’t apply to you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441374.

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424: Person recognised as refugee under former Act treated as recognised as refugee under this Act, or

“Refugees recognised before 2009 are treated the same as those recognised after”

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426: Existing subsequent claim for recognition as refugee made under former Act not yet accepted for consideration, or

“How we handle your older, undecided second refugee claim”

Part 12 Repeals, transitional provisions, saving provisions, and related matters
Transitional and savings provisions: Refugee and protection status

425Existing claim for recognition as refugee to be determined under this Act (other than subsequent claims made under former Act not yet accepted for consideration)

  1. On and from the commencement of section 404 of this Act, a claim by a person for recognition as a refugee that was made but not yet determined before the date of that commencement must be treated as if it had been made under Part 5 of this Act, and this Act applies accordingly, with any necessary modifications.

  2. Subsection (3) applies to a subsequent claim (within the meaning of section 129B of the former Act) for recognition as a refugee—

  3. made, and accepted for consideration, before the commencement of section 404 of this Act; but
    1. not determined before the date of that commencement.

      1. The subsequent claim must be determined as if it were a claim accepted for consideration under Part 5 of this Act, and this Act applies accordingly, with any necessary modifications.

      2. To avoid doubt, an appeal against a decision to decline recognition as a refugee (or a protected person) by a person to whom this section applies must be made under section 194 of this Act.

      3. Nothing in this section applies to a subsequent claim (within the meaning of section 129B of the former Act) by a person for recognition as a refugee that was made before the commencement of section 404 of this Act, if the decision as to whether to consider the claim has not yet been determined.