C5.60 Recognition of claimant as refugee

1. If a refugee status officer recognises a claimant as a refugee, the officer informs the claimant or their representative of this by letter.
2. The letter also states that if the claimant wishes to apply for residence, they should apply to the nearest Immigration New Zealand branch that processes applications for visas and permits (see S3.15 for requirements).

C5.60.1 Eligibility to apply for residence

1. All claimants who are recognised as having refugee status may apply for residence on the basis of that recognition (see S3.10).
2. Such claimants may include dependants in the residence application in accordance with residence policy (see S3).

C5.60.5 Residence not automatically granted on recognition of refugee status

1. The grant of residence does not automatically follow the recognition of refugee status.

   Examples:
   
   - if section 7(1) of the Immigration Act 1987 applies to the claimant, and the Minister is not prepared to authorise granting a permit under section 7(3)(a); or
   
   - if Article 33(2) applies (see C2.5.10e).

2. If it is not appropriate to grant residence to a person recognised as a refugee because they do not meet character or security requirements, officers must take into account the principle of "non-refoulement" under Article 33 of the Convention (see C2.5.10), and consider granting a temporary permit.
3. It is also necessary to determine whether considerations exist under Article 32(1) or 33(2). In such cases New Zealand may lawfully expel a refugee because they represent a threat to national security or public order, or because they represent a danger to the community (see C2.5.10).

Effective 28/11/2005