Immigration Act 1987

  • repealed
  • Immigration Act 1987: repealed, at 2 am on 29 November 2010, by section 404 of the Immigration Act 2009 (2009 No 51).

Additional functions of refugee status officers in relation to continuation, etc, of refugee status

129L Additional functions of refugee status officers
  • (1) In addition to their function of determining claims for refugee status, refugee status officers also have the following functions:

    • (a) determining whether the Refugee Convention has ceased to apply to a person who has previously been recognised as a refugee by a refugee status officer (but not by the Refugee Status Appeals Authority) in terms of Article 1C of the Convention:

    • (b) determining whether a decision to recognise a person as a refugee was properly made, in any case where it appears that the recognition given by a refugee status officer (but not by the Authority) may have been procured by fraud, forgery, false or misleading representation, or concealment of relevant information, and determining to cease to recognise the person as a refugee in such a case if appropriate:

    • (c) determining whether a person already recognised as a refugee should subsequently be excluded from the protection of the Convention, in any case where the matters dealt with in Articles 1D, 1E, and 1F of the Convention may not have been able to be properly considered by a refugee status officer (but not by the Authority) for any reason, including by reason of fraud, forgery, false or misleading representation, or concealment of relevant information:

    • (d) determining whether, in the light of any relevant international arrangement or agreement, a person who may have lodged a claim for refugee status in another country, or had the opportunity to lodge such a claim, may have a claim for refugee status accepted for consideration in New Zealand:

    • (e) determining, in the case of a person who has already been recognised as a Convention refugee by a country other than New Zealand, whether that person may avail himself or herself of the protection of that country:

    • (f) applying to the Refugee Status Appeals Authority for a determination as to whether—

      • (i) the Convention has ceased to apply, in terms of Article 1C, to a person who has previously been recognised as a refugee by the Authority:

      • (ii) the Authority should cease to recognise a person as a refugee, in any case where that recognition may have been procured by fraud, forgery, false or misleading representation, or concealment of relevant information:

      • (iii) any of Articles 1D, 1E, and 1F of the Convention should be applied to exclude a person from the protection of the Convention, in any case where the Authority has recognised the person as a refugee but the matters dealt with in those Articles may not have been properly considered by the Authority for any reason, including by reason of fraud, forgery, false or misleading representation, or concealment of relevant information.

    (2) Refugee status officers also have the functions specified in paragraphs (a) to (c) of subsection (1), as if those paragraphs referred to recognition by the appropriate person or body rather than by a refugee status officer, in respect of—

    • (a) persons who, before 1 January 1991, were recognised as refugees following consideration of their claims by the Interdepartmental Committee on Refugees; and

    • (b) persons recognised as refugees outside New Zealand who have travelled to New Zealand as mandated refugees.

    Section 129L: inserted, on 1 October 1999, by section 40 of the Immigration Amendment Act 1999 (1999 No 16).