164 Limitation on deportation of persons recognised or claiming recognition as refugee or protected person

(1)

No person who is recognised as a refugee or a protected person in New Zealand, or who is a claimant, may be deported under this Act.

(2)

Subsection (1) applies despite anything in this Part, but subject to subsections (3) and (4).

(3)

A refugee or a claimant for recognition as a refugee may be deported but only if Article 32.1 or 33 of the Refugee Convention allows the deportation of the person.

(4)

A protected person may be deported to any place other than a place in respect of which there are substantial grounds for believing that the person would be in danger of being subjected to—

(a)

torture (as defined in section 130(5)); or

(b)

arbitrary deprivation of life or cruel treatment (as defined in section 131(6)).

(5)

A refugee and protection officer must determine the matter in subsection (3) or (4), and section 148 applies when making the determination, as if the determination were a determination to which that section applies.