C7.5 Notice of intended determination involving cancellation of refugee status

Immigration (Refugee Processing) Regulations 1999 reg 11

1. In any case where a person has been recognised as a refugee by a refugee status officer, and an officer intends to make a determination under section 129L(1)(b) or (1)(c) of the Immigration Act 1987 to the effect that a person's refugee status may be cancelled, the officer must notify the person concerned in the approved form of:
   1. that intention; and
   2. the matter it involves, including:
      • the reasons for it; and
      • any evidence relating to it.
2. The officer must sign the notice, and the notice must be served personally on the person to whom it relates.
3. At the same time as the person is served with the notice they must be given a copy of all relevant information from their departmental file. Any material or information whose disclosure would be likely to endanger any person may be withheld from the person, but the person must be notified of that non-disclosure.
4. At the same time as the person is served with the notice they must also be informed of their right:
   1. to contact a representative of the UNHCR, together with information on how to exercise that right; and
   2. to contact a lawyer; and
   3. within 20 working days, to request an interview and to provide written submissions on the intended cancellation of refugee status; and
   4. to have an independent interpreter present at any interview by the officer; and
   5. to appeal to the RSAA if the officer should make a determination under section 129L of the Immigration Act 1987 involving cancellation of refugee status.
5. A person who is served with a notice under regulation 11 of the Immigration (Refugee Processing) Regulations 1999 must provide the person serving the notice with an address, including a facsimile number if available, at which they may be contacted about the matter.
6. In any case where a person has been recognised as a refugee by the Refugee Status Appeals Authority, and a refugee status officer intends to make an application to the Authority, the officer may do so under s129L(f)(ii) or (iii) of the Immigration Act 1987. Such applications are made to the Secretariat of the Authority and must be submitted with a copy of any information relevant to the recognition of the person as a refugee and the determination of the application.
7. If an application for cancellation of refugee status is accepted for consideration, the Authority must take reasonable steps to arrange for a copy of the application to be served personally on the person to whom it relates.
8. At the same time as the person is served with a copy of the application the person must be given a copy of all relevant information from their departmental file or other information lodged with the Authority. Any material or information disclosure of which would be likely to endanger any person may be withheld from that person, but that person must be notified of that non-disclosure.
9. At the same time as the person is served with a copy of the application, they must also be informed of their right:
   1. to contact a representative of the Office of the United Nations High Commissioner for Refugees, together with information as to how to exercise that right; and
   2. to contact a lawyer and to request and be granted an interview, and to provide written submissions in relation to the determination of the application; and
   3. to have an independent interpreter present at any interview by the Authority.
10. A person who is served with a copy of the application concerning cancellation of their refugee status must provide to the person serving the copy an address, including a facsimile number if appropriate, to which communications regarding the matter may be made.

Effective 28/11/2005