Plain language law

New Zealand law explained for everyone

Immigration Act 2009

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

428: Certain persons who under section 129L of former Act cease to be recognised as refugee liable for deportation under this Act

You could also call this:

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

This law is about what happens to someone who is no longer considered a refugee in New Zealand. It applies to you if you’re not a New Zealand citizen and one of these things has happened:

Before the new law started, an official decided you should stop being a refugee, and you didn’t appeal in time. Or, they decided you shouldn’t be protected as a refugee, and you didn’t appeal in time. Or, a special group called the Refugee Status Appeals Authority said you’re not a refugee anymore or shouldn’t be protected as one.

After the new law started, a group called the Tribunal said you’re not a refugee anymore or cancelled your refugee status.

If any of these things happen to you, the law says you can be deported from New Zealand. The rules for deportation will apply to you.

If you try to appeal against being deported, the Tribunal won’t look at whether you’re a refugee or protected person now. They’ll only look at the decision to deport you.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441377.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Government and voting > Government departments
Previous

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, or

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

Next

429: Persons subject to section 129U of former Act, or

“People affected by old immigration law now covered by new Act”

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

428Certain persons who under section 129L of former Act cease to be recognised as refugee liable for deportation under this Act

  1. This section applies to a person if the person is not a New Zealand citizen and,—

  2. before the commencement of section 404 of this Act,—
    1. a refugee status officer had determined under section 129L(1)(b) of the former Act that the person should cease to be recognised as a refugee and the person did not appeal against that determination within the time set out in section 129O(3) of the former Act (calculated including any time that has elapsed before the commencement of section 404 of this Act); or
      1. a refugee status officer had determined under section 129L(1)(c) of the former Act that the person should be excluded from the protection of the Refugee Convention and the person did not appeal against that determination within the time set out in section 129O(3) of the former Act (calculated including any time that has elapsed before the commencement of section 404 of this Act); or
        1. the Refugee Status Appeals Authority has ceased to recognise the person as a refugee or excluded the person from the protection of the Refugee Convention under section 129L(1)(f)(ii) or (iii) of the former Act; or
        2. after the commencement of section 404 of this Act, the person ceases to be recognised as a refugee, or his or her refugee status is cancelled, by the Tribunal in accordance with section 448(5) of this Act.

          1. On and from the commencement of section 404 of this Act or the date on which subsection (1)(b) applies, as the case may be, the person must be treated as being liable for deportation under section 162 of this Act, and this Act applies accordingly with any necessary modifications.

          2. Despite subsection (2), the Tribunal must not determine whether the person is currently a refugee or a protected person in terms of sections 129 to 131 of this Act, if the person appeals against his or her liability for deportation.