C6.30 Decision on claim of detained claimant (01/10/1999)

1. The provisions of C5.50 (Decisions on claims)and C5.55 (Declining claims or refusing to consider subsequent claims) apply to refugee status claims made by people who are detained.
2. If the decision is to recognise the claimant as a refugee:
   1. the refugee status officer must notify Border & Investigations, as well as the claimant or their representative, of this; and
   2. Border & Investigations will then arrange for the claimant to be released from custody, if the claimant is being detained:
      • under section 128 or 128B of the Immigration Act 1987; or
      • to await removal or deportation from New Zealand (unless their removal or deportation under Article 32(1) or 33(2) of the Convention is being considered); or
      • under Part VIA of the Immigration Act 1987 (unless their removal or deportation under Article 32(1) or 33(2) of the Convention is being considered)
3. If the decision is to decline the claim, the notification of the decision to the claimant must contain the following 2 paragraphs, either (if there is a representative):
   1. "The Refugee Status Appeals Authority will only consider an appeal lodged within 5 working days of the date your client receives this decision.
      If your client fails to appeal within the appeal period, they may be removed from New Zealand on the first available flight after the appeal period expires."

   or (if there is no representative):

   1. "The Refugee Status Appeals Authority will only consider an appeal lodged within 5 working days of the date you receive this decision.
      If you fail to appeal within the appeal period, you may be removed from New Zealand on the first available flight after the appeal period expires."
4. A detained claimant whose claim has been declined may be removed from New Zealand earlier than the end of the appeal period if, understanding the implications of what they are doing, they formally waive their right of appeal, and ask to be removed forthwith, in writing.

Effective 01/10/1999