C2.1 Refugee status to be determined under the Immigration Act 1987

Immigration Act 1987 ss 129A, 129C, 129ZA

1. The object of Part VIA of the Immigration Act 1987 is to provide a statutory basis for the system by which New Zealand ensures that it meets its obligations under the Convention.
2. Whether or not a person should continue to be recognised as a refugee in New Zealand under the Convention must be determined in accordance with Part VIA of the Immigration Act 1987.
3. Anyone who seeks recognition as a refugee in New Zealand under the Convention must have that claim determined in accordance with Part VIA of the Immigration Act 1987.
4. Part VIA of the Immigration Act 1987 applies on and from 1 October 1999 to any claim or other matter relating to refugee status that had been made to Immigration New Zealand before that date but which had not been finally determined as at that date.
5. Where any appeal was part-heard as at 1 October 1999, the rules relating to that appeal continue to be those that applied immediately before that date.
6. C2.1(d) does not affect the period during which an appeal may be made in cases where a person had an existing right to appeal a decision on a claim as at 1 October 1999.

Effective 28/11/2005