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Immigration Act 2009

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

427: Acts or things done by refugee status officer for purposes of claim (including subsequent claim) under former Act not required to be repeated by refugee and protection officer

You could also call this:

“Refugee and protection officers can use previous work on refugee claims”

When deciding on a claim for refugee status, including a claim that has been made before, a refugee and protection officer can use work that was already done by a refugee status officer. This means they don’t have to do the same things over again. They can use any facts, decisions, or findings that the refugee status officer made before the new rules started. This applies to claims that are covered by section 425 or 426 of this Act. The refugee and protection officer can rely on this earlier work when they are figuring out whether to look at a new claim from someone who has applied before.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441376.

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Immigration and citizenship > Visas
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428: Certain persons who under section 129L of former Act cease to be recognised as refugee liable for deportation under this Act, or

“Former refugees can be deported if they lose refugee status”

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

427Acts or things done by refugee status officer for purposes of claim (including subsequent claim) under former Act not required to be repeated by refugee and protection officer

  1. For the purposes of determining a claim (including a subsequent claim), or determining whether to consider a subsequent claim, to which section 425 or 426 of this Act applies, a refugee and protection officer—

  2. is not required to repeat any act or thing already done by a refugee status officer in relation to the claim before the commencement of section 404 of this Act; and
    1. may rely on any act or thing done by a refugee status officer in relation to the claim before the commencement of section 404 of this Act, including any finding of fact, or decision or determination made, by the refugee status officer.