C4.10 Whose claim for refugee status may not be considered

Immigration Act 1987 ss 129K, 129J

1. A refugee status officer may not consider a claim for refugee status by a person who is:
   1. the holder of a residence permit; or
   2. a New Zealand citizen; or
   3. exempt under section 12 of the Immigration Act 1987 from having to hold a permit.
2. An officer may determine any question of such a person's continued refugee status arising under C3.10(a)(i) to (iii).
3. An officer may not consider a claim for refugee status by a person who has already had a claim for refugee status finally determined in New Zealand unless the officer is satisfied that, since that determination, circumstances in that person's home country have changed to such an extent that the subsequent claim is based on significantly different grounds from the previous claim.

C4.10.1 Subsequent claims for refugee status

Immigration Act 1987 s 129J

1. To be eligible to make a subsequent claim for refugee status, a claimant must be in New Zealand, whether lawfully or unlawfully.
2. A refugee status officer may not consider a claim for refugee status by a person who has already had a claim for refugee status finally determined in New Zealand unless the officer is satisfied that, since that determination, circumstances in that person's home country have changed to such an extent that the subsequent claim is based on significantly different grounds from the previous claim.
3. In any such subsequent claim, the officer may rely on any finding of credibility or fact made in relation to a previous claim, and the claimant may not challenge any such finding.

Effective 01/10/1999