C5.5 Declining claims or refusing to consider claims or subsequent claims (29/11/2010)

See also Immigration Act 2009, s 233(2)

See also Immigration (Refugee and Protection Status Processing) Regulations 2010 reg 7(4)

1. If a refugee and protection officer declines a claim or subsequent claim for refugee or protection status, the officer must notify the claimant in writing of:
   1. the claimant's right of appeal to the Tribunal, including the fact they must lodge any humanitarian appeal at the same time as any appeal against the refusal to accept, or the decline of, a claim to refugee and protections status; and
   2. their right to appeal the decision by filing with the Tribunal a written notice of appeal, which must contain:
      • a current address in New Zealand at which they may be contacted; and
      • a current residential address; and
   3. the time limits within which to appeal; and
   4. the address where an appeal may be filed; and
   5. if the claimant has a right of appeal, the claimant’s right to an oral hearing provided in accordance with section 233(2) of the Immigration Act 2009 if the claimant lodges an appeal.

C5.5.1 Appeal to the Immigration and Protection Tribunal

See also Immigration Act 2009 ss 128-131, 134, 194, 195

1. A claimant or refugee or protected person may appeal to the Tribunal against a decision to:
   • decline to accept their claim for consideration under C4.1; or
   • decline the person’s claim to be recognised as a refugee or protected person; or
   • refuse to consider their subsequent claim under C4.5; or
   • decline a subsequent claim by the person to be recognised as a refugee or protected person.
   • cease or cancel recognition of their status under C6.
2. If the claimant or refugee or protected person is detained in custody under Part 9 of the Immigration Act 2009 when they are notified, they must appeal not later than 5 working days of being notified. In any other case they must do so not later than 10 working days of being notified of the decision. The tribunal may extend these time limits in special circumstances.
3. A matter must not be treated as finally determined until the appropriate appeal period expires or, if lodged, an appeal has been determined.

Effective 29/11/2010