C8.10 Cases involving deportation of persons threatening national security or of suspected terrorists

Immigration Act 1987 ss 72, 73

1. If the Governor-General by Order in Council under section 72, or the Minister of Immigration by written order under section 73, orders a refugee status claimant to be deported from New Zealand:
   1. the refugee status officer processing the claim must determine the claim; or
   2. if the claim has not been allocated to an officer for processing, it must be allocated as soon as possible to an officer, who must determine the claim; and
   3. the claimant continues to have the right to appeal to the RSAA against a decision to decline the refugee claim.
2. If the Governor-General by Order in Council, or the Minister of Immigration by written order, orders the deportation from New Zealand of a person who is not a refugee status claimant, that person still has the right to claim refugee status.
3. If such a person claims refugee status:
   1. the claim must be allocated as soon as possible to a refugee status officer for processing, and the officer must determine the claim; and
   2. the claimant continues to have the right to appeal to the RSAA against a decision to decline the refugee claim.
4. If the Governor-General by Order in Council, or the Minister of Immigration by written order, orders a refugee status claimant to be deported from New Zealand, that claimant may not be deported from New Zealand until their refugee status has been finally determined.
5. Considerations under Article 32(1) or 33(2) of the Convention (see C2.5.10) may arise concerning a refugee whom the Governor-General by Order in Council, or the Minister of Immigration by written order, has ordered to be deported from New Zealand.

Effective 01/10/1999