C2.1 Refugee or protection status to be determined under the Immigration Act 2009

See also Immigration Act2009 ss 125, 425, 426, 427

1. Anyone who seeks recognition in New Zealand as a refugee under the Convention and Protocol or as a protected person under the CAT or ICCPR must have that claim determined in accordance with the Immigration Act 2009.
2. Whether or not a person should continue to be recognised in New Zealand as a refugee under the Convention and Protocol or as a protected person under the CAT or ICCPR must be determined in accordance with the Immigration Act 2009.
3. Claims for recognition as a refugee that were made but not yet determined before 29 November 2010 must be treated as if they were made under Part 5 of the Immigration Act 2009. The Immigration Act 2009 applies with any necessary modifications.
4. Subsequent claims (within the meaning of section 129B of the Immigration Act 1987) for refugee status that have been made under the Immigration Act 1987, but where no decision has been made to consider the claim as of 29 November 2010, must be considered for acceptance in accordance with section 129J of the Immigration Act 1987. If that claim is accepted for consideration, it must be determined as if it were a claim accepted for consideration under Part 5 of the Immigration Act 2009, and that Act applies with any necessary modifications.
5. Subsequent claims (within the meaning of section 129B of the Immigration Act 1987) made and accepted for consideration but not determined before 29 November 2010 must be determined as if they were claims accepted for consideration under Part 5 of the 2009 Act. The 2009 Act applies with any necessary modifications.
6. An appeal against a decision to decline recognition as a refugee or a protected person by a person to whom one of C2.1(c), (d) or (e) apply must be made under section 194 of the Immigration Act 2009.
7. A refugee and protection officer is not required to repeat any act or thing done by a refugee status officer under the Immigration Act 1987 in relation to a claim and may rely on any act or thing done by a refugee status officer including any finding of fact, or decision or determination made for the purposes of:
   1. determining a claim, including a subsequent claim; or
   2. determining whether to accept a subsequent claim made and not yet accepted, or accepted but not determined before 29 November 2010.

Effective 29/11/2010