S3.10 Permanent resident visas for refugees and protected persons
- Mandated refugees who meet the requirements at S3.22 may be granted permanent resident visas.
- Immigration officers may, at their discretion, grant permanent resident visas to "Convention" refugees and protected persons (see C5.15.1), except if they are members of a mass arrival group and not unaccompanied minors at the time of arrival (see C8.20).
- All refugee claimants who are recognised as having refugee status may apply for a permanent resident visa on the basis of that recognition, except if (g) below applies.
- Protection claimants who are recognised as having protection status may apply for a permanent resident visa on the basis of that recognition, unless they are a person to whom S3.10(g) applies or, in determining any refugee or protection claim they made, one or more of the following applied:
- they were excluded from being granted refugee status by Article 1F of the Refugee Convention;
- they have had a refugee claim or subsequent refugee claim not accepted for consideration on the basis of sections 134(3) or 140(1)(b) of the Immigration Act 2009;
- a refugee and protection officer has determined there are serious reasons for considering a protected person has committed an act as outlined in section 137(2) of the Immigration Act 2009;
- Protected persons to whom S3.10(d)(i), (ii), and/or (iii) apply will have their immigration status determined by the Minister of Immigration.
- Applicants eligible to apply for a permanent resident visa may include dependants in the application in accordance with residence instructions (see R2).
- Despite (c) above, “Convention” refugee and protection claimants who arrived in New Zealand as members of a mass arrival group (see C8.5), and were not unaccompanied minors at the time of arrival as described at C8.5.5, may only apply for a residence class visa if they meet the requirements specified at C8.20.
Effective 29/07/2013
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