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C4.20 Protection of another country

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

  1. If a refugee and protection officer determines a person has the protection of one of their countries of nationality or residence, New Zealand's obligations under the Convention, CAT or ICCPR are not engaged.
  2. In the case of a person who has more than one nationality, 'country of nationality' means each of the countries of which they are a national.
  3. A refugee and determination officer must also determine whether a 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 circumstances that would give rise to grounds for their recognition as a refugee or protected person in New Zealand.

Effective 29/11/2010

IN THIS SECTION

C4.1 Whether to accept a claim for consideration

C4.5 Limitation on subsequent claims for refugee and protection status

C4.15 Matters to be determined in relation to a claim

C4.25 Powers of refugee and protection officers

C4.30 Information to be provided to claimants

C4.35 Officer may determine procedures on claim

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

C4.55 Interviews

C4.60 Claimant to establish claim

C4.65 Withdrawal of claim for refugee or protection status

C4.70 Communications on refugee matters

C4.75 Person claiming refugee or protection status may already be detained

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