C5.20 Limitation on deportation of persons recognised or claiming recognition as a refugee or protected person

See also Immigration Act 2009 s 164, Schedule 1 Articles 32, 33

1. Subject to (b) and (c) below, no person who has been recognised as a refugee or protected person or who is a claimant may be deported from New Zealand.
2. 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 or to arbitrary deprivation of life or cruel, inhuman or degrading treatment or punishment.
3. No person who has been recognised as a refugee in New Zealand and no refugee status claimant may be deported from New Zealand unless Article 32(1) or 33 of the Convention allows their deportation.
4. Under Article 32(1), Governments undertake not to expel a refugee lawfully on their territory except on grounds of national security or public order.
5. Under Article 33(1) Governments undertake not to expel or return a refugee to a country where the refugee's life or freedom would be threatened on account of the person’s race, religion, nationality, membership of a particular social group or political opinion.
6. Article 33(2) states however that the prohibition in Article 33(1) no longer applies if:
   1. there are reasonable grounds for regarding a refugee as a danger to the security of the country in which they are (i.e. in our case, New Zealand); or
   2. a refugee, having been convicted by a final judgement of a particularly serious crime in that country, constitutes a danger to the community of the country (i.e. New Zealand).
7. A determination to deport a refugee, protected person, or refugee or protection status claimant must be made by a refugee and protection officer.

Effective 29/11/2010