C6.1 Functions of refugee and protection officers in relation to loss of refugee and protections status

Refugee and protection officers have the following functions in relation to loss of refugee and protection status.

C6.1.1 Cessation

See also Immigration Act 2009 ss 129, 130, 131, 143, 144

1. The refugee and protection officer may cease to recognise a person as a refugee in terms of Article 1C of the Convention if:
   1. the original determination to recognise the person as a refugee was made by a refugee and protection officer or a refugee status officer under the Immigration Act 1987; or
   2. the original determination to recognise the person as a refugee was made before 1 October 1999; or
   3. the person was recognised as a refugee outside New Zealand and travelled to New Zealand under a government mandated programme on the basis of that recognition.
2. The refugee and protection officer may cease to recognise a person as a protected person if that determination was made by a refugee and protection officer and there are no longer substantial grounds for believing that the protected person, if deported from New Zealand, would be in danger of being subjected to torture, or arbitrary deprivation of life or cruel, inhuman or degrading treatment or punishment; and
3. The refugee and protection officer may apply to the Tribunal for a determination as to whether a person’s recognition as a refugee or protected person should cease if the original determination was made by the Tribunal (or by the Refugee Status Appeals Authority under the Immigration Act 1987).

C6.1.5 Cancellation

See also Immigration Act 2009 ss 145, 147

1. A refugee or protection officer may cancel a person’s recognition as a refugee or protected person if:
   1. the person is a New Zealand citizen and the original determination was made by a refugee and protection officer or by a refugee status officer under the Immigration Act 1987 or before 1 October 1999; or
   2. the person is a non-New Zealand citizen and the original determination was made under the 2009 Act or under the Immigration Act 1987 or before 1 October 1999; or
   3. the person was recognised as a refugee outside New Zealand and travelled to New Zealand under a government mandated programme on the basis of that recognition; and
   4. the refugee and protection officer has determined that the recognition may have been procured by fraud, forgery, false or misleading representation or by concealment of relevant information; or
   5. the person has been convicted of an offence where it is established they acquired recognition as a refugee or protected person by fraud, forgery, false or misleading representation, or concealment of relevant information; or
   6. the refugee and protection officer has determined that the matters dealt with in Articles 1D, IE and 1F of the Refugee Convention may not have been able to be properly considered by a refugee and protection officer or a refugee status officer under the Immigration Act 1987 for any reason, including by reason of fraud, forgery, false or misleading representation, or concealment of relevant information; and
   7. the refugee and protection officer has determined that the person is not a refugee or a protected person.
2. In proceedings involving the loss or potential loss of refugee or protection status (including the review of the status of a refugee or protected person who was a member of a mass arrival group, as specified at C8.15), a refugee and protection officer has those powers, with any necessary modifications which they would have as if they were processing a refugee or protection status claim (see C4.20). The refugee or protected person has the responsibilities for establishing their case as set out at C4.55.
3. The refugee or protection officer may apply to the Tribunal for a determination as to whether the Tribunal should cancel the recognition of a New Zealand citizen as a refugee or protected person, in any case where that recognition was made by the Tribunal (or the Refugee Status Appeals Authority under the Immigration Act 1987). The Tribunal may cancel the recognition of a New Zealand citizen as a refugee or protected person if:
   1. it determines that recognition may have been procured by fraud, forgery, false or misleading representation, or concealment of relevant information; or
   2. the person has been convicted of an offence where it is established they acquired recognition as a refugee or protected person by fraud, forgery, false or misleading representation, or concealment of relevant information; or
   3. it determines that in the case of a person recognised as a refugee, any of Articles 1D, 1E and 1F of the Convention may not have been able to be properly considered by the Tribunal (or the Refugee Status Appeals Authority under the Immigration Act 1987) for any reason, including by reason of fraud, forgery, false or misleading representation, or concealment of relevant information; and
   4. it has determined that the person is not a refugee or protected person.

Effective 29/07/2013