C7.5 Cases involving deportation of persons threatening security
See also Immigration Act 2009 s 163
- Where D7.65 applies to a refugee or protection status claimant to be deported from New Zealand:
- the refugee and protection officer processing the claim must determine the claim; or
- if the claim has not been allocated to an officer for processing, it must be allocated as soon as possible to an officer, who must determine the claim; and
- the claimant continues to have the right to appeal to the Tribunal against a decision to decline the refugee or protection status claim.
- Where the Minister of Immigration certifies that a person constitutes a threat or risk to security, the Governor-General by Order in Council may order a refugee or protection status claimant to be deported from New Zealand. That claimant may not be deported from New Zealand until their claim for refugee or protection status has been finally determined.
- If the Governor-General by Order in Council orders the deportation from New Zealand of a person who is not a refugee or protection status claimant, that person still has the right to claim refugee or protection status.
- If such a person claims refugee or protection status, C7.5(a)(ii) and (iii) apply.
- Considerations under C5.20 may arise concerning a refugee or protected person whom the Governor-General by Order in Council has ordered to be deported from New Zealand.