S3.10 Permanent resident visas for refugees and protected persons
- Mandated refugees who meet the requirements at S3.22 may be granted permanent resident visas.
- Immigration officers may, at their discretion, grant permanent resident visas to "Convention" refugees and protected persons (see C5.15.1).
- All refugee claimants who are recognised as having refugee status may apply for a permanent resident visa on the basis of that recognition.
- Protection claimants who are recognised as having protection status may apply for a permanent resident visa on the basis of that recognition, unless, in determining any refugee or protection claim they made, one or more of the following applied:
- they were excluded from being granted refugee status by Article 1F of the Refugee Convention;
- they have had a refugee claim or subsequent refugee claim not accepted for consideration on the basis of sections 134(3) or 140(1)(b) of the Immigration Act 2009;
- a refugee and protection officer has determined there are serious reasons for considering a protected person has committed an act as outlined in section 137(2) of the Immigration Act 2009.
- Protected persons to whom S3.10(d) applies will have their immigration status determined by the Minister of Immigration.
- Applicants eligible to apply for a permanent resident visa may include dependants in the application in accordance with residence instructions (see R2).