Refugee and protection objective

At a glance

New Zealand provides assistance to two categories of refugee: mandated refugees (people determined to be refugees by the United Nations High Commission for Refugees (UNHCR) before arrival in New Zealand) and Convention refugees (people given refugee status by the New Zealand Government under the 1951 Convention Relating to the Status of Refugees and the 1967 Protocol Relating to the Status of Refugees). [S3.5] The Government sets the number of places available for mandated refugees under the Refugee Quota (currently 1,500 persons per year). [S3.5] New Zealand also provides assistance to people recognised as a protected person in New Zealand in accordance with obligations under the 1984 Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment or the 1966 International Covenant on Civil and Political Rights. [S3.5] The instructions define who is a refugee: a person outside their country of nationality with a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion, and who is unable or unwilling to avail themselves of that country's protection. [C2.15] The instructions also define who is a protected person: someone who would be in danger of being subjected to torture, arbitrarily deprived of life, or subjected to cruel, inhuman or degrading treatment or punishment if deported from New Zealand. [C2.20] All claims for recognition as a refugee or protected person, and any decision on whether that recognition should continue, must be determined under the Immigration Act 2009. [C2.1] Additionally, persons previously recognised as refugees under the Immigration Act 1987 or as mandated refugees are treated as recognised under the 2009 Act. [C2.10] Strict confidentiality obligations apply to the fact that a person is a claimant, a refugee, or a protected person, and to the details of their case and status — both during and after the determination of the claim. [C2.25]

Definition

The objective forms the foundation of New Zealand's refugee status determination and protected person system. The instructions implement the international instruments to which New Zealand has acceded or ratified. [C1]

• Acceded to the 1951 Convention on 30 June 1960
• Acceded to the 1967 Protocol on 6 August 1973
• Ratified CAT on 10 December 1989
• Ratified ICCPR on 28 December 1978 [C1]

Who is a refugee (C2.15) — Under the instructions, a person is a refugee if they satisfy the definition in the 1951 Convention as incorporated by the Immigration Act 2009 Schedule 1 Article 1A(2). Specifically:

• The person must be outside the country of their nationality (or, if stateless, outside their country of former habitual residence).
• They must have a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion.
• They must be unable or, owing to such fear, unwilling to avail themselves of the protection of that country. [C2.15]

A person to whom any of the cessation or exclusion clauses (Articles 1C to 1F of the Convention) apply is not a refugee. [C2.15]

Who is a protected person (C2.20) — A person must be recognised as a protected person if there are substantial grounds for believing they would be in danger of being subjected to torture, arbitrarily deprived of life, or subjected to cruel, inhuman or degrading treatment or punishment if deported from New Zealand. [C2.20] The assessment of torture takes into account the caveats in section 130 of the Immigration Act 2009. The assessment of arbitrary deprivation of life and cruel, inhuman or degrading treatment or punishment takes into account the caveats in section 131 of the Immigration Act 2009. [C2.20]

Mass arrival objective

The mass arrival instructions have their own objective, separate from the general refugee and protection framework. The objective is to:

• manage the arrival of people who come to New Zealand as part of a mass arrival group; and
• deter any potential mass arrival of people immigrating to New Zealand illegally. [C8.1]

This objective underpins the special provisions for mass arrival groups, including the additional restrictions on eligibility for residence and the statutory review of on-going protection needs set out in C8.5 and C8.15. [C5.1]

Definition of mass arrival group

A "mass arrival group" is defined as a group of more than 30 people, each of whom is a person who falls under D4.20.1 and who arrived in New Zealand on board the same:

• craft; or
• group of craft at the same time; or
• group of craft and within such a time period or in such circumstances that each person arrived, or intended to arrive, in New Zealand as part of the same group. [C8.5]

For the purposes of this definition, "craft" includes aircraft, ships, or other vehicle or vessel travelling to New Zealand in the course of a scheduled international service. A group of people arriving on board a group of aircraft are a mass arrival group if the aircraft arrive within the same 24-hour time period. [C8.5]

Unaccompanied minors excluded from mass arrival provisions

A person who was a minor (under 18, not married or in a civil union) when they arrived as part of a mass arrival group, and was unaccompanied by their parents, guardians or relatives, is not subject to the provisions within C8 and elsewhere applying to members of a mass arrival group. [C8.5] Such a person is treated in accordance with the requirements specified at C7.1 until they reach the age of 18, marry or enter a civil union. [C8.5]

Application in decisions

Decision-makers must give effect to these international obligations when assessing claims for refugee or protected person status. The objective guides the interpretation of all refugee and protection instructions. [C1]

The determination of claims is governed by C2.1, which requires that:

1. Anyone who seeks recognition as a refugee or protected person must have that claim determined under the Immigration Act 2009. [C2.1]
2. Whether a person should continue to be recognised as a refugee or protected person must be determined under the Immigration Act 2009. [C2.1]
3. Claims made but not yet determined before 29 November 2010 are treated as if made under Part 5 of the Immigration Act 2009, with necessary modifications. [C2.1]
4. Subsequent claims under the Immigration Act 1987 (where no decision to consider the claim had been made by 29 November 2010) must be considered for acceptance under section 129J of the 1987 Act; if accepted, they are determined under Part 5 of the 2009 Act with necessary modifications. [C2.1]
5. Subsequent claims accepted for consideration but not determined before 29 November 2010 are determined under Part 5 of the 2009 Act with necessary modifications. [C2.1]
6. An appeal against a decision to decline recognition as a refugee or protected person by a person to whom C2.1(c), (d) or (e) apply must be made under section 194 of the Immigration Act 2009. [C2.1]

A refugee and protection officer is not required to repeat any act done by a refugee status officer under the 1987 Act. The officer may rely on findings of fact, decisions, or determinations made by a refugee status officer for the purpose of determining a claim or deciding whether to accept a subsequent claim. [C2.1]

Persons recognised as refugees under Part VIA of the Immigration Act 1987, or before 1 October 1999, or those recognised as refugees outside New Zealand and who travelled to New Zealand as mandated refugees, are treated as persons recognised as refugees in New Zealand under the Immigration Act 2009, which applies accordingly with any necessary modifications. [C2.10] This is consistent with section 424 of the Immigration Act 2009. [C2.10]

Who may make a claim

Any person who is in New Zealand, either lawfully or unlawfully, may make a claim for refugee or protection status, unless they are a subsequent claimant to whom C3.10 applies. [C3.5] Additionally, a resident or permanent resident who has been served with a deportation liability notice, or who is named in an Order in Council certifying that the person constitutes a threat or risk to security, may make a claim. [C3.5] This provision operates alongside the bar in C3.1, which prevents a refugee and protection officer from considering certain claims.

Claims that must not be considered

A refugee and protection officer must not consider a claim by a person who is:

• a New Zealand citizen; or
• a resident or permanent resident, unless the person has been served with a deportation liability notice or is named in an Order of Council which certifies that the person constitutes a threat or risk to security. [C3.1]

Nothing in C3.1 affects the power of a refugee and protection officer to re-open a claim for further consideration as to cessation or cancellation. [C3.1]

Whether to accept a claim for consideration

When a refugee and protection officer receives a claim that is not a subsequent claim, it is their function to determine whether to accept it for consideration. [C4.1] The officer may take into account:

• whether, in light of any international arrangement or agreement, the claimant may have lodged, or had the opportunity to lodge, a claim for refugee status or protection in another country; and
• whether one or more of the circumstances relating to a refugee claim were brought about by the claimant acting otherwise than in good faith for the purpose of creating grounds for recognition as a refugee. [C4.1]

The officer may decline to accept a claim if it falls within the first criterion (international arrangement). [C4.1] The officer must decline to accept a claim for refugee status if satisfied that the second criterion (bad faith) applies. [C4.1] When determining the matter in the second criterion, the officer must not treat the actions of any other person in relation to the claim or the claimant as a mitigating factor. [C4.1]

See also Immigration Act 2009 s 134.

Effective 29/11/2010.

Subsequent claims

A person who has previously made a claim for refugee or protection status in New Zealand (under the Immigration Act 2009 or the Immigration Act 1987) that has been finally determined may make a subsequent claim. [C3.10] A claim has been finally determined once the expiry of any appeal period relating to the decline of refugee or protection status has expired, or an appeal that was lodged has been determined. [C3.10] A subsequent claim is made in the same manner as a first claim for refugee or protection status. [C3.10]

Limitation on subsequent claims (C4.5)

When a refugee and protection officer receives a subsequent claim, their function is to determine whether:

• there has been a significant change in circumstances material to the claim since the previous claim was determined; and
• the change in one or more of the circumstances was not brought about by the claimant acting otherwise than in good faith for a purpose of creating grounds for recognition as a refugee; and
• the subsequent claim is manifestly unfounded or clearly abusive, or repeats a previous claim. [C4.5]

A refugee and protection officer must not consider a subsequent claim for refugee status by a person unless satisfied that the first two conditions (significant change and good faith) apply. While making this determination, the officer must not treat the actions of any other person in relation to the claim or the claimant as a mitigating factor. [C4.5]

The officer may refuse to consider a subsequent claim if, contrary to the good-faith requirement, one or more of the circumstances was brought about by the claimant acting otherwise than in good faith to create grounds for recognition as a refugee. [C4.5]

In any subsequent claim, the officer may rely on any finding of credibility or fact made in relation to a previous claim. The claimant may not challenge any finding of credibility or fact made by a refugee and protection officer (or a refugee status officer under the Immigration Act 1987) or the Tribunal (or the Refugee Status Appeals Authority under the Immigration Act 1987). [C4.5]

See also Immigration Act 2009 ss 140, 141(2). Effective 29/07/2013. [C4.5]

How a claim is made

A claim for refugee or protection status is made as soon as a person expresses an intention to seek recognition as a refugee or protected person, either orally or in writing, to a representative of the Ministry of Business, Innovation and Employment or to a constable. [C3.15] An indication of intent is all that is required to initiate the processing of a claim. [C3.15]

People may express an intention to seek refugee or protection status in a variety of ways. Examples of statements that may signal an intention include, but are not limited to: claiming to have been persecuted, fearing persecution, having been imprisoned for political reasons, being afraid of being imprisoned in the home country, wanting to see the United Nations (i.e. the UNHCR office in New Zealand), asking about a United Nations office in New Zealand, describing themselves as stateless or homeless, being afraid to return home, being in danger of torture, cruel treatment, arbitrary deprivation of life, or being killed if returned, or simply stating they do not want to return. [C3.15]

A written claim may be received at any MBIE office in New Zealand, delivered either in person or by mail. [C3.15] There is no fee for making a claim for refugee or protection status. [C3.15]

Confirmation of claim in writing

Once a claim for refugee or protection status has been made, the claimant must, on request by a representative of the Ministry of Business, Innovation and Employment, confirm the claim in writing in the prescribed manner. [C3.25]

The written claim must be:

• lodged in writing using the approved form "Confirmation of Claim to Refugee or Protection Status in New Zealand"; [C3.25]
• completed in English; [C3.25]
• signed by the claimant; [C3.25]
• lodged with a refugee and protection officer; [C3.25]
• accompanied by:
  • a current residential address for the claimant;
  • a current address to which communications relating to the claim may be sent, including a fax number if appropriate;
  • the name of any lawyer or agent authorised to represent the claimant;
  • the current postal address of any lawyer or agent authorised to represent the claimant, including a fax number for the lawyer or agent if appropriate. [C3.25]

The claimant must notify the Refugee and Protection branch in a timely manner of any change in the addresses or fax numbers provided. [C3.25] The officer may rely on the latest address to which communications may be sent for the purpose of communications under Part 5 of the Immigration Act 2009. [C3.25]

Further requirements after a claim is lodged

Evidence of identity — As soon as possible after lodging the Confirmation of Claim form, the claimant must provide to a refugee and protection officer: (a) evidence of their identity, including a recent photograph, details of any aliases, and any identity documents with different name spellings or dates of birth; and (b) evidence of their country of origin. [C3.30.1] Evidence of identity may include a travel document (e.g. passport, certificate of identity, refugee travel document), a birth certificate or other identity document, or, if neither is available, a statutory declaration outlining the claimant's personal details. The statutory declaration must be provided in English and the claimant's own language. [C3.30.1]

All relevant information — The claimant must, as soon as possible and at least five working days before the interview, provide all information relevant to their claim, including: a written statement; any evidence supporting the claim; evidence supporting any potential claim under sections 129, 130, or 131 of the Immigration Act 2009; information about whether they have the protection of another country (see C4.20); and whether they have committed acts described in C5.15.1(c)(i). [C3.30.5] The written statement must as far as reasonably possible include: the grounds for the claim and any other potential claim; supporting evidence; if available, documents indicating the alleged agent of persecution/torture and the reasons; if available, documents indicating the alleged agent of potential torture, arbitrary deprivation of life, or cruel treatment; and details of persons who can support or verify the claim. [C3.30.5]

Other family members — The claimant must, as soon as possible after making a claim, inform an officer whether any other members of their immediate family who are in New Zealand are also seeking refugee or protection status and, if so, whether on different grounds. [C3.30.10] If more than one person in a family group claims status or makes a subsequent claim, each claimant must complete and sign a separate Confirmation of Claim form, and all forms should be lodged together with a refugee and protection officer. [C3.30.10]

Claimant's responsibility to establish the claim

A claimant has the responsibility of establishing their claim. [C4.60] The claimant must ensure that all information, evidence and submissions that they wish to have considered in support of the claim or any other potential claim are provided to the refugee and protection officer before the officer determines the claim. [C4.60]

Documents submitted in support of claim

Any documentary evidence the claimant wishes to have considered must be disclosed to a refugee and protection officer as soon as possible. [C4.60.1]

Documents submitted in support of the claim that are not written in English must be accompanied by a full English translation. [C4.60.1] Translations must:

• not be prepared by a claimant, any member of their family or an immigration adviser assisting with the application;
• be accompanied by the original documents or certified copies;
• be certified as a correct translation made by a person familiar with both languages and competent in translation work;
• bear the stamp or signature of the translator or translation business; and
• if applicable, be on the official letterhead of the translation business. [C4.60.1]

Officers may:

• request a translation of the complete document where the translation is of a selected part(s) of the document, and
• request a translation by a different (specified) translation service where they are not satisfied by the initial translation. [C4.60.1]

If a translation by a different translation service is requested, the reasons behind the request must be clearly documented and conveyed to the applicant by INZ. [C4.60.1]

All written statements, submissions and any other documents produced with the assistance of an interpreter must bear the name of the interpreter used. [C4.60.1]

Final submissions and evidence a claimant wants considered before a decision is made should be filed within a reasonable time, as set by the refugee and protection officer. [C4.60.1]

Withdrawal of claim

Claimants who wish to withdraw their claim for refugee or protection status before a determination is made may do so at any time by notifying a refugee and protection officer in writing. [C4.65] A refugee or protection status claim (including a subsequent claim) must be treated as withdrawn if the claimant leaves New Zealand or is granted a residence class visa. [C4.65]

In both situations the refugee and protection officer will give the claimant or their representative written confirmation of the withdrawal. [C4.65] Where the withdrawal arises from the claimant's departure from New Zealand and the claimant has no representative, the officer is not required to provide the written notification. [C4.65]

See also Immigration Act 2009 s 142. Effective 29/11/2010. [C4.65]

Detained claimants

A person claiming refugee or protection status may already be in detention under the Immigration Act 2009 or other legislation. [C4.75] Detained claimants are entitled to the same refugee or protection status process and procedures as non-detained claimants. [C4.75] However, time limits for various stages of the claim process are likely to be reduced. When setting time limits for a detained claimant, a refugee and protection officer must ensure satisfactory time is allowed for the claimant to exercise the rights described in the refugee and protection claims process (C5.1). [C4.75] Because the claimant is being detained, the officer should determine the claim as speedily as possible, ideally within 14 weeks from the date of lodgement of the Confirmation of Claim form. [C4.75] The officer will make a decision after receiving submissions or comments on the interview report, or, if there are none, after being notified that there are none, or the time limit for making submissions has expired, or after the interview if no report is prepared. [C4.75]

Decision on a detained claim (C5.10)

The provisions of C5.5 and C5.10 apply to refugee or protection status claims made by people who are detained. [C5.10]

If the refugee and protection officer recognises the claimant as a refugee or protected person:

• the officer must notify Compliance Operations and the claimant or their representative; [C5.10]
• Compliance Operations will then arrange for the claimant to be released from custody if the claimant is being detained:
  • under section 116 of the Immigration Act 2009; or
  • to await deportation from New Zealand (unless they are a refugee and deportation under Article 32(1) or 33(2) of the Convention is being considered); or
  • under Part 5 of the Immigration Act 2009 (unless they are a refugee and deportation under Article 32(1) or 33(2) of the Convention is being considered). [C5.10]

If the claim is declined, the notification of the decision must contain one of the following two paragraphs, depending on whether there is a representative:

• If there is a representative: "The Immigration and Protection Tribunal will only consider an appeal lodged no later than 5 working days of the date your client receives this decision. The tribunal only has the power to extend this timeframe if it is satisfied that there are special circumstances. If your client fails to appeal within the appeal period, they may be deported from New Zealand on the first available flight after the appeal period expires." [C5.10]
• If there is no representative: "The Immigration and Protection Tribunal will only consider an appeal lodged no later than 5 working days of the date you receive this decision. The tribunal only has the power to extend this timeframe if it is satisfied that there are special circumstances. If you fail to appeal within the appeal period, you may be deported from New Zealand on the first available flight after the appeal period expires." [C5.10]

A detained claimant whose claim has been declined may be deported from New Zealand earlier than the end of the appeal period if, understanding the implications, they formally waive their right of appeal and ask to be deported forthwith, in writing. [C5.10]

Information to be provided to claimants

See also Immigration (Refugee and Protection Status Processing) Regulations 2010 regs 5, 15.

Once a refugee or protection status claim has been assigned to a refugee and protection officer for processing, the officer must inform the claimant of the following rights: [C4.30]

• the right to contact a representative of the UNHCR, together with information on how to exercise that right; and
• the right to contact a lawyer; and
• the availability of an independent interpreter, if appropriate; and
• the right to have an independent interpreter engaged by INZ present at any interview of the claimant by a refugee and protection officer. [C4.30]

The officer must also inform the claimant of the procedure for determining their claim, including: [C4.30]

• how contact will be maintained;
• possible requests for further information;
• the claimant's right to provide further information up to the time that the claim is actually determined;
• the availability of an independent interpreter, if appropriate;
• the decision-making process, including information about the process for scheduling an interview;
• the right of appeal to the Tribunal if the claim is unsuccessful;
• the right to an interview before the Tribunal if the claimant has not been interviewed by a refugee and protection officer for the purpose of determining the claim. [C4.30]

Effective 29/11/2010.

Request by officer for further information (C4.40)

A refugee and protection officer may make a request for further information from a claimant either by giving that request at an interview or by sending it to the claimant in writing. [C4.40] Any such request must specify a date by which the claimant must provide the extra information; that date must be reasonable in all the circumstances. [C4.40] The officer may grant further time at their discretion. [C4.40]

Critically, any such request must include a statement to the effect that if the officer does not receive the requested further information within the given time period, the officer may proceed to determine the claim on the basis of the information available. [C4.40]

Effective 29/11/2010.

Disclosure of prejudicial information (C4.45)

A refugee and protection officer must disclose to a claimant any material or information obtained by the officer that is or may be prejudicial to the claimant or the claim if:

• the material or information was not obtained from the claimant and is not publicly available; and
• the claimant has not previously had an opportunity to comment on the material or information; and
• the officer intends to take the material or information into account in determining the claim. [C4.45]

When disclosing potentially prejudicial material or information, the officer must give the claimant a reasonable opportunity (whether within a specified time period or at an interview) to comment on or rebut that material or information. [C4.45] The officer must also advise the claimant that if they fail to respond within the given time period, or (where reasonable) at the interview, the officer may proceed to determine the claim on the basis of the material and information available. [C4.45]

Nothing in C4.45 requires an officer to disclose to a claimant any material or information whose disclosure would be likely to endanger any person, but the officer must advise the claimant of the non-disclosure. [C4.45]

Any prejudicial information which is also classified information is disclosed, where possible, in accordance with the instructions at A19. [C4.45][A19]

Claims for refugee or protection status on arrival

New Zealand has a general obligation to admit people who make a claim for refugee or protection status on arrival in New Zealand. [C3.20]

Officers should give due consideration to such people because they may be tired, disoriented, distressed, and incapable of communicating in English, either orally or in writing. [C3.20]

Immigration officers must not take any action to deport the claimant. [C3.20]

Immigration officers should determine the immigration status of persons claiming refugee or protection status at the border in accordance with the Operational Instruction at A16.2. [C3.20]

If a visa is not granted, or entry permission is denied, the claimant must be treated as a person to whom section 115 of the Immigration Act 2009 applies, except that they may not be deported from New Zealand until their refugee or protection status has been finally determined. [C3.20]

Effective 29 November 2010. [C3.20]

Protection of another country (C4.20)

If a refugee and protection officer determines that a person has the protection of one of their countries of nationality or residence, New Zealand's obligations under the 1951 Convention, the Convention Against Torture (CAT), or the International Covenant on Civil and Political Rights (ICCPR) are not engaged. [C4.20] For a person with multiple nationalities, "country of nationality" means each of the countries of which they are a national. [C4.20]

The officer must also determine whether the claimant has been recognised as a refugee by another country and whether they can be received back and protected there without risk of being returned to a country where they would be at risk of persecution, torture, arbitrary deprivation of life, or cruel, inhuman or degrading treatment or punishment. [C4.20]

See also Immigration Act 2009 ss 130, 131, 137(4), Schedule 1 Article 1A(2).

Effective 29/11/2010.

Confidentiality obligations

All persons must keep confidential the fact that a person is a claimant, a refuge, or a protected person, as well as the details of their case and status, at all times, both during and after the determination of the claim or other matter. [C2.25] This obligation may extend to maintaining confidentiality as to the very fact or existence of a claim or case, if disclosing its fact or existence would tend to identify the person concerned or be likely to endanger anyone. [C2.25]

Permitted disclosures — Despite the general confidentiality obligation, the fact of a claim or particulars relating to a claim may be disclosed in the following circumstances:

• For the purpose of determining a claim or matter, administering the Immigration Act 2009, or determining any obligations, requirements, or entitlements of the claimant or other person concerned under any other enactment. [C2.25]
• For the maintenance of the law, including the prevention, investigation, and detection of offences in New Zealand or elsewhere. [C2.25]
• To the United Nations High Commissioner for Refugees or their representative. [C2.25]
• If the particulars of the claim are published in a way that is unlikely to allow identification of the person concerned. [C2.25]
• If, in the circumstances of the particular case, there is no serious possibility that the safety of the claimant or any other person would be endangered by the disclosure of the information. [C2.25]

A refugee and protection officer may disclose information for the purpose of determining a claim or matter or administering the Immigration Act 2009 when carrying out their functions under the Act. [C2.25]

Assessing safety of disclosure — When determining whether information may be released on the basis that there is no serious possibility of endangering safety, the person considering disclosure may have regard to how the recipient may protect the information, including any applicable requirements of the Privacy Act 2020, any orders of the Tribunal or a court, and any protection mechanisms the recipient must or may apply. [C2.25]

Publication of decisions — If information relating to a particular claim can be released after the safety assessment, the chief executive of the Ministry of Business, Innovation and Employment may publish a decision of the refugee and protection officer relating to the claim, if the chief executive determines in the circumstances that it is in the public interest to do so. [C2.25]

Waiver — The confidentiality obligations do not prevent disclosure to the extent that the person concerned has expressly waived their right to confidentiality under section 151 of the Immigration Act 2009, or has impliedly waived that right by their words or actions. [C2.25]

Offences and penalties — Anyone who without reasonable excuse breaches the core confidentiality obligations or publishes information released in breach of those obligations commits an offence under section 354 of the Immigration Act 2009. On conviction, the person is liable to imprisonment for a term not exceeding 3 months, a fine not exceeding $10,000, or both. [C2.25]

Decisions on claims (C5.1)

A refugee and protection officer's decision on a claim is final, unless the claimant appeals to the Tribunal and the Tribunal allows the appeal. [C5.1]

The officer must recognise a person as a refugee if satisfied the grounds in section 129 of the Immigration Act 2009 have been met, and as a protected person if the grounds in sections 130 and/or 131 have been met. [C5.1]

However, the officer may refuse recognition if satisfied the person has the protection of another country, or has been recognised as a refugee by another country and can return there without risk of circumstances that would give rise to grounds for recognition in New Zealand. [C5.1]

Once a decision is made, the officer must notify the claimant in the prescribed manner of:

• the decision;
• the reasons for the decision; and
• the officer's determination of matters in C4.15(b). [C5.1]

Notification must be served in the approved form on the claimant, or their lawyer or representative, by personal service, registered post to the last supplied address, or fax to the last supplied fax number. [C5.1]

If more than one person in a family group has claimed status, each family member must be notified separately of the decision and, if declined, their right of appeal. [C5.1]

After a decision is made and notified, any officer may, in their absolute discretion, re-open the claim for further consideration as to cessation or cancellation of refugee or protection status. [C5.1]

Successful claimants who arrived as part of a mass arrival group (see C8.5) will have their need for on-going protection reviewed before they become eligible to apply for and be granted residence (see C8.15). This review may include consideration of cessation or cancellation of their status. [C5.1]

Declining claims and notification of appeal rights (C5.5)

If a refugee and protection officer declines a claim or subsequent claim for refugee or protection status, the officer must notify the claimant in writing of:

1. the claimant's right of appeal to the Tribunal, including the fact they must lodge any humanitarian appeal at the same time as any appeal against the refusal to accept, or the decline of, a claim to refugee and protections status; and [C5.5]
2. their right to appeal the decision by filing with the Tribunal a written notice of appeal, which must contain:
   1. a current address in New Zealand at which they may be contacted; and
   2. a current residential address; and [C5.5]
3. the time limits within which to appeal; and [C5.5]
4. the address where an appeal may be filed; and [C5.5]
5. if the claimant has a right of appeal, the claimant's right to an oral hearing provided in accordance with section 233 of the Immigration Act 2009 if the claimant lodges an appeal. [C5.5]

See also Immigration Act 2009, s 233(2) and Immigration (Refugee and Protection Status Processing) Regulations 2010 reg 7(4). [C5.5]

Appeal to the Immigration and Protection Tribunal (C5.5.1)

A claimant or refugee or protected person may appeal to the Tribunal against a decision to: [C5.5]

• decline to accept their claim for consideration under C4.1; or [C5.5]
• decline the person's claim to be recognised as a refugee or protected person; or [C5.5]
• refuse to consider their subsequent claim under C4.5; or [C5.5]
• decline a subsequent claim by the person to be recognised as a refugee or protected person; or [C5.5]
• cease or cancel recognition of their status under C6. [C5.5]

If the claimant or refugee or protected person is detained in custody under Part 9 of the Immigration Act 2009 when they are notified, they must appeal not later than 5 working days of being notified. In any other case they must do so not later than 10 working days of being notified of the decision. The Tribunal may extend these time limits in special circumstances. [C5.5]

A matter must not be treated as finally determined until the appropriate appeal period expires or, if lodged, an appeal has been determined. [C5.5]

Recognition of claimant and eligibility for residence (C5.15)

When a refugee and protection officer recognises a claimant as a refugee or protected person, the officer must inform the claimant or their representative in writing. [C5.15] The notification letter must also state that if the claimant wishes to apply for residence, they should apply to the nearest INZ branch that processes visa applications (see S3.15), unless they are a member of a mass arrival group (see C8.5.1) and are not a person to whom C8.5.5 applies. [C5.15]

Eligibility to apply for residence (C5.15.1)

Claimants recognised as refugees or protected persons may apply for residence on the basis of that recognition (see S3.10), with two exceptions: [C5.15]

• A protected person who a refugee and protection officer has determined there is a serious reason for considering has committed an act set out at C4.15(b). [C5.15]
• A person with refugee or protection status who arrived as part of a mass arrival group (excluding people to whom C8.5.5 applies) and who has not met the requirements at C8.20. [C5.15]

Claimants may include dependants in the residence application in accordance with residence instructions (see S3). [C5.15]

Residence not automatically granted (C5.15.5)

The grant of residence does not automatically follow the recognition of refugee or protection status. [C5.15] Examples include where section 15 or 16 of the Immigration Act 2009 applies and the Minister is not prepared to authorise a visa under section 17, or where Article 33(2) of the Refugee Convention applies (see C5.20(f)). [C5.15]

If it is not appropriate to grant residence because the person does not meet character or security requirements, officers must take into account the principle of non-refoulement under Article 33 of the Convention (see C5.20(e) and (f)) and consider granting a temporary visa instead. [C5.15]

For people with refugee status, it is also necessary to determine whether Articles 32(1) or 33(2) apply — New Zealand may lawfully expel a refugee who represents a threat to national security or public order, or a danger to the community (see C5.20(f)). If applicable, liability for deportation under section 164(3) of the Immigration Act 2009 should be considered before the client applies for residence. [C5.15]

For people with protection status, the matters set out at C4.15(e) are relevant. [C5.15]

Limitation on deportation of refugees and protected persons

C5.20 imposes strict limits on when a person recognised as a refugee or protected person, or a refugee or protection status claimant, may be deported from New Zealand. [C5.20]

• Subject to the exceptions below, no person who has been recognised as a refugee or protected person, or who is a refugee or protection claimant, may be deported. [C5.20]
• A protected person may be deported only to a place where there are no substantial grounds for believing the person would be in danger of torture, arbitrary deprivation of life, or cruel, inhuman or degrading treatment or punishment. [C5.20]
• A refugee or refugee status claimant may be deported only if Article 32(1) or Article 33 of the 1951 Convention allows their deportation. [C5.20]
  • Under Article 32(1), a refugee may be expelled on grounds of national security or public order. [C5.20]
  • Under Article 33(1) (non-refoulement), a refugee must not be expelled or returned to a country where their life or freedom would be threatened on account of race, religion, nationality, membership of a particular social group or political opinion. [C5.20]
  • Article 33(2) excepts this prohibition where there are reasonable grounds for regarding the refugee as a danger to the security of New Zealand, or where the refugee, having been convicted by a final judgment of a particularly serious crime in New Zealand, constitutes a danger to the community. [C5.20]
• Any determination to deport a refugee, protected person, or refugee or protection status claimant must be made by a refugee and protection officer. [C5.20]
• See also Immigration Act 2009 s 164, Schedule 1 Articles 32, 33. Effective 29/11/2010. [C5.20]

Minors

Where the claimant is a minor (under 18, not married or in a civil union), additional procedural protections apply under C7.1. These include the nomination of a responsible adult to represent the minor's interests, defined roles and rights for that adult, and the requirement to consider the minor's views. [C7.1] Full details are set out in Refugee and protection claims by minors.

Deportation of persons threatening security

Where a refugee or protection status claimant is subject to deportation on grounds related to national security, the refugee and protection officer processing the claim must determine it. If the claim has not yet been allocated to an officer, it must be allocated as soon as possible to an officer who must determine it. The claimant continues to have the right to appeal to the Immigration and Protection Tribunal against a decision to decline the claim. [C7.5]

Where the Minister of Immigration certifies that a person constitutes a threat or risk to security, the Governor-General by Order in Council may order a refugee or protection status claimant to be deported from New Zealand. The claimant may not be deported until their claim for refugee or protection status has been finally determined. [C7.5]

If the Governor-General by Order in Council orders the deportation of a person who is not a refugee or protection status claimant, that person retains the right to claim refugee or protection status. If such a person makes a claim, the procedural protections for claimants subject to security-related deportation apply. [C7.5]

Considerations under C5.20 (limitation on deportation of persons recognised or claiming recognition as a refugee or protected person) may arise concerning a refugee or protected person whom the Governor-General by Order in Council has ordered deported from New Zealand. [C7.5]

Cessation and cancellation

Refugee and protection officers have specific statutory functions to cease or cancel recognition as a refugee or protected person.

Cessation

An officer may cease to recognise a person as a refugee in terms of Article 1C of the 1951 Convention if:

• the original determination was made by a refugee and protection officer, or by a refugee status officer under the Immigration Act 1987;
• the original determination was made before 1 October 1999; or
• the person was recognised as a refugee outside New Zealand and travelled to New Zealand under a government mandated programme on the basis of that recognition. [C6.1.1]

In addition, an officer may cease to recognise a person as a protected person if the determination was made by a refugee and protection officer and there are no longer substantial grounds for believing that the protected person, if deported from New Zealand, would be in danger of being subjected to torture, arbitrary deprivation of life, or cruel, inhuman or degrading treatment or punishment. [C6.1.1]

Where the original determination was made by the Immigration and Protection Tribunal (or the Refugee Status Appeals Authority under the Immigration Act 1987), the officer must apply to the Tribunal for a determination as to whether recognition should cease. [C6.1.1]

Cancellation

A refugee or protection officer may cancel a person's recognition as a refugee or protected person if:

• the person is a New Zealand citizen and the original determination was made by a refugee and protection officer, by a refugee status officer under the Immigration Act 1987, or before 1 October 1999; or
• the person is a non‑New Zealand citizen and the original determination was made under the Immigration Act 2009, the Immigration Act 1987, or before 1 October 1999; or
• the person was recognised as a refugee outside New Zealand and travelled to New Zealand under a government mandated programme on the basis of that recognition;

and the officer has determined:

• that the recognition may have been procured by fraud, forgery, false or misleading representation, or concealment of relevant information; or
• the person has been convicted of an offence where it is established they acquired recognition as a refugee or protected person by such fraud or misrepresentation; or
• that Articles 1D, 1E and 1F of the Refugee Convention may not have been able to be properly considered by a refugee and protection officer (or a refugee status officer under the 1987 Act) for any reason, including fraud or misrepresentation;

and the officer has determined that the person is not a refugee or a protected person. [C6.1.5]

In any proceeding involving the loss or potential loss of refugee or protection status (including review of the status of a member of a mass arrival group, as referred to in C8.15), the refugee and protection officer has, with any necessary modifications, the same powers as when processing a refugee or protection status claim under C4.20. The refugee or protected person has the responsibilities for establishing their case as set out in C4.55. [C6.1.5]

Where the original recognition of a New Zealand citizen as a refugee or protected person was made by the Tribunal (or the Refugee Status Appeals Authority under the Immigration Act 1987), the officer may apply to the Tribunal for a determination as to whether the Tribunal should cancel recognition. The Tribunal may cancel recognition if it determines that the recognition may have been procured by fraud or misrepresentation, the person has been convicted of such an offence, or Articles 1D, 1E and 1F of the Convention could not be properly considered, and it determines that the person is not a refugee or protected person. [C6.1.5]

Effective 29/07/2013.

Notice of intended cancellation of refugee or protection status

When a refugee and protection officer intends to make a determination under sections 145 or 146 of the Immigration Act 2009 that a person's refugee or protection status may be cancelled, the officer must notify the person in the approved form of: [C6.5]

• the intention; and
• the matter it involves, including the reasons for it and any evidence relating to it. [C6.5]

The officer must sign the notice, and it must be served personally on the person. [C6.5] At the same time as service, the person must be given a copy of all relevant information from their departmental file; however, material or information whose disclosure would be likely to endanger any person may be withheld, with the person being notified of that non-disclosure. [C6.5] Any classified information relevant to the case must be treated in accordance with A19. [C6.5][A19]

The person must also be informed of their right: [C6.5]

• to contact a representative of the UNHCR, together with information on how to exercise that right; and
• to contact a lawyer; and
• within 20 working days, to request an interview and to provide written submissions on the intended cancellation of refugee or protection status; and
• to have an independent interpreter present at any interview by the officer. [C6.5]

A person who is served with a notice must provide an address to which communications regarding the matter may be sent. [C6.5]

Where the person is a New Zealand citizen whose recognition was made by the Tribunal (or the Refugee Status Appeals Authority under the Immigration Act 1987), a refugee and protection officer may apply to the Tribunal under section 147 of the Immigration Act 2009. Such applications are made to the Secretariat of the Tribunal and must be submitted with a copy of any information relevant to the recognition of the person as a refugee or protected person and the determination of the application. If an application for cancellation of refugee or protection status is accepted for consideration, the Tribunal must take reasonable steps to arrange for a copy of the application to be served personally on the person to whom it relates. [C6.5]

Effective 29/11/2010.

Procedure following notice of possible cancellation (C6.10)

When a person receives notice of the possible cancellation of refugee or protection status, they have specific procedural rights. [C6.10] The person is entitled to make a written submission on the matter of the possible cancellation and to be interviewed, including on any reasons why they should continue to be recognised as a refugee or protected person. [C6.10]

Written responses to the notice must, within the requirements of fairness, be provided within 20 working days, or before any interview is held, whichever is first. [C6.10] If an interview is requested, the officer will schedule one. [C6.10] Following any interview, the interviewing officer will set timeframes for final written submissions. The timeframe depends on whether an interview report is completed, and will usually be 20 working days following either the last interview or, if produced, the interview report. [C6.10]

If the refugee and protection officer determines that refugee or protection status may be cancelled under C6.1.5, the officer must then consider whether there is any further, new or other reason why the person should continue to be recognised as a refugee or protected person. [C6.10] Before making any decision involving cancellation of refugee or protection status, the relevant officer must take into account any submissions (including any personal interview), documents or other evidence produced by the person affected. [C6.10]

A decision on the matter specified in the notice may not be made sooner than 20 working days after the date on which the person receives the notice. [C6.10] This minimum period ensures the person has adequate time to prepare and present their case before any cancellation decision is finalised.

Effective 29/11/2010.

Notice of decision to cancel refugee or protection status (C6.15)

If a refugee and protection officer has notified a person of their intention to make a determination involving cancellation of refugee or protection status, the officer must notify the person, in writing, of:

1. the officer's final decision on the determination; and
2. the reasons for that decision; and
3. if applicable, the person's right to appeal against this decision to the Tribunal. [C6.15]

Notification must be made in the approved form and served on the person, or lawyer or representative, by:

1. Personal service; or
2. Registered post, addressed to the last address supplied by the person; or
3. Fax, sent to the last fax number supplied by the person. [C6.15]

If the decision is to cease or cancel the recognition of the person as a refugee or a protected person and the person has a right of appeal against that decision, notification must include information about:

1. The time limits within which an appeal may be lodged; and
2. The address where an appeal may be lodged; and
3. The person's right to an oral hearing provided in accordance with section 233(2) of the Immigration Act 2009 if the person lodges an appeal. [C6.15]

Effective 29/11/2010.

Temporary visas for refugee or protection status claimants

E8.10 provides specific rules for temporary visa applications by persons who are also claiming refugee or protected person status in New Zealand. A claimant who meets the requirements in E8.10.1 may be granted a temporary visa. [E8.10] Additionally, a special work visa may be available under WI6 for claimants who have a confirmed claim and a job offer. [WI6]

General requirements for a temporary visa (E8.10.1)

A refugee or protection status claimant who holds a current temporary visa may apply for a further temporary visa at any INZ office in New Zealand while awaiting a decision on their claim. [E8.10.1] The application must be on the approved form, submitted with the applicant's travel document (or identity document holding the current visa) and a passport-sized photograph. [E8.10.1]

No application fee is payable while the claim or appeal is being determined, and the applicant is exempt from the Immigration Levy and the International Visitor Conservation and Tourism Levy. [E8.10.1] Applicants must provide a completed Chest X-Ray Certificate unless they have supplied one with an earlier visa application within the last 36 months (see A4.25(e)). [E8.10.1]

Each application must be submitted before the existing visa expires. [E8.10.1] Normally, claimants are granted visitor visas, but in some circumstances a work visa (WI6), student visa (U3.35), or limited visa (L6.1) may be granted. [E8.10.1]

Conditions of temporary visas granted (E8.10.5)

A visa granted to a refugee or protection status claimant before their claim or appeal is determined will not normally include travel conditions, because New Zealand's obligations to such claimants cease when they leave New Zealand. [E8.10.5] Nevertheless, applications for travel conditions are considered on a case-by-case basis. [E8.10.5]

Claimants must be advised that leaving New Zealand will result in their claim (and any subsequent claim or appeal) being treated as withdrawn. [E8.10.5] Each time a temporary visa is granted, the claimant must be advised in writing that they are required to keep INZ informed of any change of their New Zealand residential address, and that they may become liable for deportation if their claim is declined and they fail to appeal (or appeal unsuccessfully) or if they withdraw their claim. [E8.10.5]

Granting temporary visas on arrival (E8.10.10)

If a person indicates an intention to claim refugee or protected person status on arrival and completes a claim form, a visitor visa current for 6 months from the date of arrival may be granted, unless there are reasons not to, such as the person being subject to section 15 or 16 of the Immigration Act 2009, or their identity cannot be established to INZ's satisfaction. [E8.10.10] Appropriately delegated officers may grant special directions to waive the requirement for a visa to travel to New Zealand and the relevant section 103 requirements. [E8.10.10]

The use of a false passport does not prevent the grant of a temporary visa. [E8.10.10] If the claimant used their own genuine passport, the visitor visa should be endorsed in that passport. [E8.10.10] If they used a false passport, the visitor visa is endorsed in an INZ certificate of identity form and the false passport is retained by INZ. If the claimant arrived without any travel document, the visa is endorsed in a certificate of identity unless there are reasons not to grant a visa. [E8.10.10]

If the claim form has not been completed at the border, a visitor visa current for one month may be granted, and the claimant must be told that an application for a further temporary visa will only be considered after they have confirmed their claim in writing (see C3.25) and that they must apply before the existing visa expires. [E8.10.10] Guidance on the continuing treatment of persons claiming at the border, including in a mass arrival context, is contained in Operational Instructions A16.2. [E8.10.10]

Prohibition on further applications after decline (E8.10.15)

A claimant who has been granted a temporary entry class visa (whether before or after becoming a claimant), or any temporary entry class visa holder whose claim or appeal is declined, may not:

• apply for any further visa while in New Zealand;
• request a special direction or a visa under section 61 (see A23); or
• bring any appeal under section 187 of the Immigration Act 2009 to the Tribunal. [E8.10.15]

Despite this prohibition, a claimant may apply for a further temporary entry class visa for such period as is required to remain lawfully in New Zealand while their claim is being determined. [E8.10.15] This section does not prevent a person from bringing an appeal to the Tribunal arising from decisions under Part 5 or 6 of the Immigration Act 2009. [E8.10.15]

The prohibition ceases to apply if the person is recognised as a refugee or protected person, leaves New Zealand, or is granted a visa other than a temporary entry class visa under the exception. [E8.10.15]

Applications for further temporary visas (E8.10.20)

To be eligible for a further temporary visa, a refugee or protection status claimant must be in New Zealand and submit their application before their existing visa expires. [E8.10.20] Applications must be made in the prescribed manner (see E4.50.1), but appropriately delegated immigration officers may waive, by special direction, any requirements specified for the type of visa sought. [E8.10.20]

Temporary visas of up to 12 months may be granted to successful applicants. Immigration officers may grant shorter visas where they expect the claim to be determined in significantly less than 12 months. [E8.10.20] Further visas will not normally be granted to those who make subsequent claims, but each case is considered on its particular circumstances. [E8.10.20]

Claimants in New Zealand unlawfully (E8.10.25)

A refugee or protection status claimant unlawfully in New Zealand may be eligible for a temporary visa under section 61 of the Immigration Act 2009 (see A23). [E8.10.25] However, claimants who were granted a temporary visa on or after 1 October 1999 are covered by section 150 of the Immigration Act 2009 and are subject to the restrictions in E8.10.15. [E8.10.25]

Before seeking approval to grant a section 61 visa, an immigration officer must establish the reasons the claimant's original visa (if any) expired and obtain supporting evidence confirming the claimant's circumstances, such as a medical certificate or financial situation. [E8.10.25] No deportation action will be taken until the claim for refugee or protection status and any appeal to the Tribunal have been finally determined or the claimant withdraws the claim or appeal. [E8.10.25]

Renewal of temporary visas for Immigration and Protection Tribunal appellants (E8.10.30)

A claimant who has appealed to the Tribunal against a decision made under Part 5 or 6 of the Immigration Act 2009 is eligible to apply for further temporary visas until the final outcome of the appeal. [E8.10.30] Immigration officers may grant a temporary visa to cover the period likely to be needed to determine the appeal. [E8.10.30]

Interpretation & edge cases

• The objective is not a standalone criterion but underpins the entire refugee and protection framework.
• The Immigration Act 2009 s 124 provides the statutory authority for the instructions. [C1]
• The effective date of this instruction is 29 November 2010. [C1]
• Transitional provisions under C2.1 ensure that claims submitted before the 2009 Act came into force continue to be processed under the new regime, with necessary modifications to avoid gaps. [C2.1]
• The ability of a refugee and protection officer to rely on prior determinations under the 1987 Act avoids duplication and respects decisions made under the earlier legislation. [C2.1]
• Transitional recognition under C2.10 means that persons previously recognised as refugees under the 1987 Act or as mandated refugees retain that status under the 2009 Act without needing a fresh determination. [C2.10]
• The definition of a refugee under C2.15 mirrors the 1951 Convention and incorporates both inclusion and exclusion criteria. The exclusion clauses (Articles 1C-1F) mean that even if a person meets the inclusion criteria, they are not a refugee if, for example, they have voluntarily re-availed themselves of the protection of their country of nationality, or are excluded due to serious crimes. [C2.15]
• The definition of a protected person under C2.20 requires substantial grounds for believing the person would face torture, arbitrary deprivation of life, or cruel, inhuman or degrading treatment or punishment. Assessments of torture incorporate caveats under section 130 of the Immigration Act 2009; assessments of arbitrary deprivation of life and cruel, inhuman or degrading treatment or punishment incorporate caveats under section 131 of the Immigration Act 2009. [C2.20] The instruction is effective 29 November 2010. [C2.20]
• Confidentiality under C2.25 is not absolute. The permitted disclosure pathways are carefully calibrated: operational necessity (determining claims, administering the Act), law enforcement, UNHCR engagement, anonymized publication, and safety-assessed disclosure. [C2.25]
• The safety assessment under C2.25 requires considering whether the recipient has adequate information protection mechanisms, including Privacy Act 2020 compliance and any court or Tribunal orders. [C2.25]
• Waiver of confidentiality can be express or implied under section 151 of the Immigration Act 2009. An implied waiver may arise from the person's words or actions. [C2.25]
• Breach of confidentiality obligations is a criminal offence under section 354 of the Immigration Act 2009, carrying penalties of up to 3 months' imprisonment, a fine not exceeding $10,000, or both. [C2.25]
• The confidentiality instruction is effective 28 January 2021. [C2.25]
• C3.5 establishes that the ability to make a claim is broadly available: any person present in New Zealand, regardless of immigration status, may make a claim unless they are a subsequent claimant (C3.10). Residents and permanent residents subject to deportation or security orders also have standing to claim. [C3.5] This complements the restrictions in C3.1 on whose claims a refugee and protection officer must not consider.
• Under C3.10, a subsequent claim is only available after any previous claim has been finally determined. A claim is not finally determined until the expiry of any appeal period or the determination of any lodged appeal. The claim is made in the same manner as a first claim. This provision is effective 29 November 2010. [C3.10]
• Claims on arrival are subject to special protections: New Zealand has a general obligation to admit claimants, officers must give due consideration, and deportation is prohibited until the claim is finally determined. [C3.20]
• C3.30 imposes additional duties on claimants after the claim is lodged: they must supply identity evidence (including photographs, aliases, country-of-origin proof) [C3.30.1]; provide a comprehensive statement and all supporting information at least five working days before the interview, covering any other potential claims and any exclusion-relevant conduct [C3.30.5]; and disclose any family members also claiming status in New Zealand, with each completing a separate form, all lodged together [C3.30.10]. These are effective 29 November 2010.
• Under C4.1, a refugee and protection officer has a discretion to decline a first claim based on an international arrangement or opportunity, and a mandatory duty to decline where the claimant acted in bad faith to create grounds for recognition. Actions of other persons are not mitigating factors. [C4.1]
• Under C4.5, when a refugee and protection officer receives a subsequent claim, they must determine whether there has been a significant change in circumstances material to the claim, that the change was not brought about by the claimant acting in bad faith, and whether the claim is manifestly unfounded or clearly abusive or repeats a previous claim. The officer must not consider a subsequent claim unless satisfied of the first two requirements. The officer may refuse to consider if bad faith is present, may rely on any prior credibility or fact findings, and the claimant may not challenge those prior findings. [C4.5]
• Under C4.40, a refugee and protection officer's request for further information must specify a reasonable date for the claimant's response and must include a warning that a failure to respond within the given time may result in the claim being determined on the information available. The officer retains discretion to grant further time. [C4.40]
• Under C4.50, a refugee and protection officer may proceed to determine the claim if a claimant fails to provide further information or comment on prejudicial information within any appropriate time frame set under C4.40 or C4.45. [C4.50]
• Under C4.60, the claimant bears the responsibility of establishing their claim and must provide all information, evidence, and submissions before the officer determines the claim. [C4.60]
• C4.60.1 imposes specific documentary requirements: documentary evidence must be disclosed as soon as possible; non-English documents require a certified English translation prepared by an independent translator (not the claimant, family, or adviser); officers may request a complete translation or a different translation service, with reasons documented; all interpreter-assisted documents must bear the interpreter's name; final submissions must be filed within the reasonable time set by the officer. [C4.60.1]
• A claim may be withdrawn by the claimant at any time before determination by giving written notice to a refugee and protection officer; withdrawal also occurs automatically if the claimant leaves New Zealand or is granted a residence class visa. [C4.65] The officer must confirm the withdrawal in writing, except where the claimant has left New Zealand and has no representative. [C4.65] These provisions are effective 29 November 2010. [C4.65]
• Under C5.5, when a claim is declined, the notification must explicitly inform the claimant that any humanitarian appeal must be lodged at the same time as the refugee or protection appeal — failure to provide this information could cause a claimant to lose their right to a humanitarian appeal. [C5.5]
• The time limits for appeal to the Tribunal are accelerated for detained claimants (5 working days) compared to non-detained claimants (10 working days), reflecting the urgent circumstances of detention. The Tribunal has discretion to extend these time limits in special circumstances, providing a safety valve where deadlines are missed for reasons beyond the claimant's control. [C5.5]
• A matter is not finally determined until the appropriate appeal period expires or, if lodged, an appeal has been determined. This directly affects when a subsequent claim can be made under C3.10 and when deportation may proceed. [C5.5]
• The notification requirements under C5.5 supplement the general notification obligations under C5.1 by adding the specific appeal-related information that must be provided when a claim is declined, including the critical requirement to inform the claimant of the need to lodge any humanitarian appeal concurrently. [C5.5][C5.1]
• Under C5.15, recognition of a claimant as a refugee or protected person triggers a written notification from the officer. The notification letter doubles as an information pathway: it directs the claimant to apply for residence at the nearest INZ branch unless they fall within the mass arrival group restrictions at C8.5.1 and C8.5.5. [C5.15]
• C5.15.1 establishes that recognition as a refugee or protected person creates eligibility — but not an entitlement — to apply for residence. Two categories of recognised persons are excluded from applying: those with serious exclusionary conduct under C4.15(b), and mass arrival group members who have not satisfied the requirements at C8.20 (unless C8.5.5 applies). Dependants may be included in the residence application under the S3 residence instructions. [C5.15]
• C5.15.5 makes explicit that the grant of residence is not automatic upon recognition. Residence may be blocked by character or security concerns under sections 15 or 16 of the Immigration Act 2009, or by application of Article 33(2) of the Refugee Convention. Even when residence is not appropriate, the principle of non-refoulement under Article 33 compels officers to consider granting a temporary visa as an alternative to removal. [C5.15]
• The distinction between refugee status and protected person status has practical consequences under C5.15.5: refugees may be subject to expulsion under Articles 32(1) or 33(2) of the Convention, requiring consideration of deportation liability under section 164(3) of the Immigration Act 2009 before any residence application is made. Protected persons face consideration of the matters at C4.15(e). [C5.15]
• C5.15 is effective 29 July 2013. [C5.15]
• Under C6.5, before cancelling a refugee or protected person's status, an officer intending to make a determination must personally serve a signed notice explaining the reasons and evidence. The person must receive their departmental file (subject to safety withholding) and be informed of the rights to contact UNHCR and a lawyer, and to request an interview and provide written submissions within 20 working days, with an interpreter if needed. Classified information must be handled under A19. [C6.5]
• Under C6.10, a person facing possible cancellation of refugee or protection status has procedural rights including the entitlement to make written submissions and to be interviewed. Written responses must be provided within 20 working days or before any interview, whichever is first. After an interview, final written submissions are usually due within a further 20 working days. The officer must consider any further reasons why the person should continue to be recognised, and no cancellation decision may be made sooner than 20 working days after the notice is received. [C6.10]
• Under C6.15, when a refugee and protection officer has decided to cancel refugee or protection status, they must notify the person in writing of the final decision, reasons, and any appeal rights. The notification must be served by personal service, registered post, or fax; if the person has a right of appeal, the notice must include time limits, address for lodging an appeal, and the right to an oral hearing under section 233(2) of the Immigration Act 2009 if an appeal is lodged. [C6.15]
• Under C7.5, when a refugee or protection status claimant is subject to deportation on security grounds, the claim must still be determined (with allocation prioritised if not yet allocated) and the claimant retains appeal rights to the Tribunal. Where the Minister of Immigration certifies a person as a threat or risk to security, the Governor-General may order deportation by Order in Council, but a claimant cannot be deported until their claim is finally determined. A person who is not already a claimant but is subject to such an Order in Council retains the right to claim refugee or protection status, and if they do so the procedural protections for security-related deportation claimants apply. Considerations under C5.20 may arise concerning a recognised refugee or protected person subject to a Governor-General deportation order. [C7.5]

Citations

• C1 — Objective
• C2.1 — Refugee or protection status to be determined under the Immigration Act 2009
• C2.10 — Person recognised as a refugee under Immigration Act 1987
• C2.15 — Who is a refugee
• C2.20 — Who is a protected person
• C2.25 — Confidentiality to be maintained
• C3.1 — Whose claim for refugee or protection status may not be accepted
• C3.5 — Who may make a claim for refugee or protection status
• C3.10 — Making a subsequent claim to refugee or protection status
• C3.15 — How refugee or protection claim to be made
• C3.20 — Claims for refugee or protection status on arrival in New Zealand
• C3.25 — Refugee or protection claim to be confirmed in writing in the prescribed manner
• C3.30.1 — Evidence of identity
• C3.30.5 — All information relevant to claim
• C3.30.10 — Other family members applying for refugee or protection status
• C4.1 — Whether to accept a claim for consideration
• C4.5 — Limitation on subsequent claims for refugee and protection status
• C4.20 — Protection of another country
• C4.30 — Information to be provided to claimants
• C4.40 — Request by officer for further information
• C4.45 — Comment on prejudicial information
• C4.50 — Failure to provide further information or to comment on prejudicial information
• C4.60 — Claimant to establish claim
• C4.60.1 — Documents submitted in support of claim
• A19 — Determination that classified information relates to matters of security or criminal conduct and may be relied on in decision-making
• C4.65 — Withdrawal of claim for refugee or protection status
• C4.75 — Person claiming refugee or protection status may already be detained
• C5.1 — Decisions on claims
• C5.5 — Declining claims or refusing to consider claims or subsequent claims
• C5.10 — Decision on claim of detained claimant
• C5.15 — Recognition of claimant as refugee or protected person
• C5.20 — Limitation on deportation of persons recognised or claiming recognition as a refugee or protected person
• C6.1 — Functions of refugee and protection officers in relation to loss of refugee and protections status
• C6.1.1 — Cessation
• C6.1.5 — Cancellation
• C6.5 — Notice of intended determination involving cancellation of refugee or protection status
• C6.10 — Procedure for possible cancellation of refugee or protection status
• C6.15 — Notice of decision to cancel refugee or protection status
• C7.1 — Claims for refugee or protection status by minors
• C7.5 — Cases involving deportation of persons threatening security
• C8.1 — Objective (Mass arrival)
• C8.5 — Definition of mass arrivals and associated terms
• E8.10 — Temporary visas for refugee or protection status claimants
• E8.10.1 — General requirements
• E8.10.5 — Conditions of temporary visas granted to refugee or protection status claimants
• E8.10.10 — Granting temporary visas to refugee or protection status claimants on arrival in New Zealand
• E8.10.15 — Refugee or protection status claimants granted temporary entry class visas
• E8.10.20 — Applications for further temporary visas by refugee or protection status claimants
• E8.10.25 — Situation of claimants in New Zealand unlawfully
• E8.10.30 — Renewal of temporary visas for Immigration and Protection Tribunal appellants
• S3.5 — Categories of refugees and protected persons
• WI6 — Special work visas for refugee or protection status claimants