C5.10 Decision on claim of detained claimant

See also Immigration Act 2009 ss 194(2), 195(3)

1. The provisions of C5.5 and C5.10 apply to refugee or protection status claims made by people who are detained.
2. If the decision is to recognise the claimant as a refugee or protected person:
   1. the refugee and protection officer must notify Compliance Operations, as well as the claimant or their representative, of this; and
   2. Compliance Operations will then arrange for the claimant to be released from custody, if the claimant is being detained:
      • under section 116 of the Immigration Act 2009; or
      • to await deportation from New Zealand (unless they are a refugee and their deportation under Article 32(1) or 33(2) of the Convention is being considered); or
      • under Part 5 of the Immigration Act 2009 (unless they are a refugee and their 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 Immigration and Protection Tribunal will only consider an appeal lodged no later than 5 working days of the date your client receives this decision. The tribunal only has the power to extend this timeframe if it is satisfied that there are special circumstances. If your client fails to appeal within the appeal period, they may be deported from New Zealand on the first available flight after the appeal period expires."

   or (if there is no representative):

   1. "The Immigration and Protection Tribunal will only consider an appeal lodged no later than 5 working days of the date you receive this decision. The tribunal only has the power to extend this timeframe if it is satisfied that there are special circumstances. If you fail to appeal within the appeal period, you may be deported from New Zealand on the first available flight after the appeal period expires."
4. A detained claimant whose claim has been declined may be deported 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 deported forthwith, in writing.

Effective 29/11/2010