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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

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