C6.5 Notice of intended determination involving cancellation of refugee or protection status

1. In any case where a person has been recognised as a refugee or protected person by a refugee and protection officer, and an officer intends to make a determination under section 145 or 146 of the Immigration Act 2009 to the effect that a person's refugee or protection status may be cancelled, the officer must notify the person concerned in the approved form of:
   1. that intention; and
   2. the matter it involves, including:
      • the reasons for it; and
      • any evidence relating to it.
2. The officer must sign the notice, and the notice must be served personally on the person to whom it relates.
3. At the same time as the person is served with the notice they must be given a copy of all relevant information from their departmental file. Any material or information whose disclosure would be likely to endanger any person may be withheld from the person, but the person must be notified of that non-disclosure.
4. Any classified information relevant to the case for cancellation must be treated in accordance with A19.
5. At the same time as the person is served with the notice they must also be informed of their right:
   1. to contact a representative of the UNHCR, together with information on how to exercise that right; and
   2. to contact a lawyer; and
   3. within 20 working days, to request an interview and to provide written submissions on the intended cancellation of refugee or protection status; and
   4. to have an independent interpreter present at any interview by the officer.
6. A person who is served with a notice must provide the person serving the notice with an address to which communications regarding the matter may be sent.
7. In any case where a person is a New Zealand citizen and has been recognised as a refugee or protected person by the Tribunal (or the Refugee Status Appeals Authority under the Immigration Act 1987), and a refugee and protection officer intends to make an application to the Tribunal, the officer may do so under section 147 of the Immigration Act 2009. Such applications are made to the Secretariat of the Tribunal and must be submitted with a copy of any information relevant to the recognition of the person as a refugee or protected person and the determination of the application.
8. If an application for cancellation of refugee or protection status is accepted for consideration, the Tribunal must take reasonable steps to arrange for a copy of the application to be served personally on the person to whom it relates.

Effective 29/11/2010