C5.55 Declining claims or refusing to consider subsequent claims

Immigration (Refugee Processing) Regulations 1999 regs 10, 14

1. If a refugee status officer declines to recognise a claim for refugee status or refuses to consider a subsequent claim for refugee status, the officer must notify the claimant in writing of:
   1. their right to appeal the decision by filing with the RSAA a written notice of appeal, which must contain:
      • a current address in New Zealand at which they may be contacted; and
      • a current residential address; and
   2. the time limits within which to appeal; and
   3. the address where an appeal may be filed; and
   4. if they have not already been interviewed by a refugee status officer for the purpose of determining the claim, their right to an interview before the RSAA if they appeal.

C5.55.1 Appeal to the Refugee Status Appeals Authority

Immigration Act 1987 ss 129B(2), 129O

1. The claimant may appeal to the RSAA against a decision not to recognise their claim or to consider their subsequent claim, but must do so within 10 working days of being notified of the decision.
2. If the claimant is detained in custody when they are notified, they must appeal within 5 working days of being notified.
3. A claim may not be treated as finally determined at any time before the appropriate appeal period expires.

Effective 01/10/1999