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


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.


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


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.


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—


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


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


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.