C5.15 Recognition of claimant as refugee or protected person (29/11/2010)

See also Immigration (Refugee and Protection Status Processing) Regulations 2010 reg 8

1. If a refugee and protection officer recognises a claimant as a refugee or protected person, the officer informs the claimant or their representative of this in writing.
2. The letter also states that if the claimant wishes to apply for residence, they should apply to the nearest INZ branch that processes applications for visas (see S3.15 for requirements).

C5.15.1 Eligibility to apply for residence

See also Immigration Act 2009 ss 137(2), 139

1. Claimants who are recognised as having refugee or protection status may apply for residence on the basis of that recognition (see S3.10), with the exception of a protected person who a refugee and protection officer has determined committed an act set out at C4.10(b).
2. Claimants may include dependants in the residence application in accordance with residence instructions (see S3).
3. The Minister of Immigration will determine the immigration status of protected persons where:
   1. there are serious reasons for considering that a protected person has committed a crime against peace, a war crime, a crime against humanity, a serious non-political crime outside New Zealand before entering New Zealand, or to have been guilty of acts contrary to the purposes and principles of the United Nations;
   2. the person has been granted protection status but had a claim or subsequent claim for refugee status refused consideration under C4.1(a)(ii) or C4.5(a)(i).

C5.15.5 Residence not automatically granted on recognition of refugee or protection status

See also Immigration Act 2009 ss 15, 16, Schedule 1 Articles 33(1) and 33(2)

1. The grant of residence does not automatically follow the recognition of refugee or protection status.

   Examples:
   - if section 15 or 16 of the Immigration Act 2009 applies to the claimant, and the Minister is not prepared to authorise granting a visa under section 17; or
   - if Article 33(2) applies (see C5.20(f)).

2. If it is not appropriate to grant residence to a person recognised as a refugee because they do not meet character or security requirements, officers must take into account the principle of 'non-refoulement' under Article 33 of the Convention (see C5.20(e) and (f)), and consider granting a temporary visa.
3. For people with refugee status, it is also necessary to determine whether Articles 32(1) or 33(2) apply. In such cases New Zealand may lawfully expel a refugee because they represent a threat to national security or public order, or because they represent a danger to the community (see C5.20(f)). If applicable, consideration of liability for deportation under section 164(3) of the Immigration Act 2009 should be considered before a client applies for residence.
4. For people with protection status, the matters set out at C5.15.1(c) are relevant.

Effective 29/11/2010