C3.10 Additional functions of refugee status officers

Immigration Act 1987 ss 129L, 129M
Immigration (Refugee Processing) Regulations 1999 regs 11, 12, 13

1. Refugee status officers also have the following functions:
   1. determining whether the Convention has ceased to apply to a person who has previously been recognised as a refugee by a refugee status officer (but not by the RSAA) in terms of Article 1C of the Convention; and
   2. determining whether the decision to recognise a person as a refugee was properly made in any case where it appears that the recognition given by a refugee status officer (but not by the RSAA) may have been obtained by fraud, forgery, false or misleading representation or by concealing relevant information, and determining to cease to recognise the person as a refugee if appropriate; and
   3. determining whether a person already recognised as a refugee should subsequently be excluded from the protection of the Convention in any case where a refugee status officer (but not the RSAA) may not have been able to properly consider matters dealt with in Article 1D, IE and 1F of the Convention for any reason, including fraud, forgery, false or misleading representation, or concealment of relevant information; and
   4. determining whether, in the light of any relevant international arrangement or agreement, a person who may have lodged, or had the opportunity to lodge, a claim for refugee status in another country may have a claim for refugee status accepted for consideration in New Zealand; and
   5. determining, in the case of a person who had already been recognised as a refugee by a country other than New Zealand, whether that person may avail themselves of the protection of that country; and
   6. applying to the RSAA for a determination as to whether:
      • the Convention has ceased to apply, in terms of Article 1C, to a person whom the Authority has previously recognised as a refugee; or
      • the Authority should cease to recognise a person as a refugee, in any case where that recognition may have been obtained by fraud, forgery, false or misleading representation, or concealment of relevant information; or
      • any of Articles 1D, 1E and 1F of the Convention should be applied to exclude a person from the protection of the Convention, in any case where the Authority has recognised the person as a refugee but may not have properly considered the matters dealt with in those Articles for any reason, including fraud, forgery, false or misleading representation, or concealment of relevant information.
2. Refugee status officers also have the functions specified in C3.10(a)(i) to (iii), as if an appropriate person or body other than a refugee status officer had recognised refugee status, in relation to:
   1. persons who before 1 January 1991 were recognised as refugees after the Interdepartmental Committee on Refugees had considered their claim; and
   2. persons recognised as refugees outside New Zealand who have travelled to New Zealand as mandated refugees.
3. When carrying out any function under C3.10(a) or (b), a refugee status officer must notify the person concerned personally in the prescribed manner of the matter under consideration.
4. In proceedings involving the loss or potential loss of refugee status, a refugee status officer has those powers which they would have as if the proceedings were a refugee claim.
5. A refugee status officer does not have jurisdiction to make determinations on applying Article 32(1) or Article 33(2) (see C2.5.10(f)). However, if circumstances come to light during the determination process which indicate that considerations may arise under Article 32(1) or Article 33(2), the officer making the determination should bring this fact to the attention of the Branch Manager, Refugee Status Branch, who in turn should notify the Manager, Border Security & Compliance Operations, Border Security Group, of the fact.

Effective 28/11/2005