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Immigration Act 2009

Refugee and protection status determinations - Claims for recognition as refugee or protected person

135A: Suspension of determination of claim

You could also call this:

“When the processing of your refugee or protection claim can be paused”

If you make a claim to be recognised as a refugee or protected person, there are times when the processing of your claim might be put on hold. This is called suspension. The rules for when this can happen are set out in another part of the law called [section 400].

When your claim is suspended, the person who usually looks at these claims (called a refugee and protection officer) is not allowed to do two things:

  1. They can’t make a decision about your claim using the normal process described in [sections 136] and [137].

  2. They also can’t make any other kind of decision about your claim as described in [section 138].

This means that while your claim is suspended, nothing will happen with it. The suspension will last for as long as the rules say it should.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5296619.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
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Part 5 Refugee and protection status determinations
Claims for recognition as refugee or protected person

135ASuspension of determination of claim

  1. This section applies to a claim if the processing of the claim is suspended in accordance with regulations made under section 400.

  2. For the duration of the suspension, a refugee and protection officer must not—

  3. determine the claim in accordance with sections 136 and 137; or
    1. make a decision on the claim in accordance with section 138.

      Notes
      • Section 135A: inserted, on , by section 7 of the Immigration Amendment Act 2013 (2013 No 39).