(SR 2010/240)
Anand Satyanand, Governor-General Order in Council At Wellington this 9th day of August 2010 Present: His Excellency the Governor-General in Council Pursuant to sections 400 and 403 of the Immigration Act 2009, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Coun- cil, makes the following regulations. Contents Page 1 Title 2 2 Commencement 2 3 Interpretation 2 Claims 4 Confirmation of claim or subsequent claim 3 5 Obligation to inform claimant of certain rights 4 6 Other information to be provided by claimant 4 Note Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint. Note 4 at the end of this reprint provides a list of the amendments incorporated. These regulations are administered by the Ministry of Business, Innovation, and Employment. Immigration (Refugee and Protection Status Processing) r 1 Regulations 2010 Reprinted as at 6 November 2015 Notifications 7 Notification of decision to decline to accept claim or subsequent 5 claim for consideration 8 Notification of decision on claim or subsequent claim 6 9 Notification of decision to cease or cancel recognition as refugee 6 or protected person 10 Notification of decision relating to deportation 7 Communications 11 Methods of communication 8 12 Receipt of communication 8 13 Requirement to provide fax number, if available 8 Miscellaneous 14 Request for production of document by third party 9 15 Provision of independent interpreters at interviews 9 Regulations
These regulations are the Immigration (Refugee and Protection Status Process- ing) Regulations 2010.
These regulations come into force at 2 am on 29 November 2010.
In these regulations, unless the context otherwise requires,— Act means the Immigration Act 2009 chief executive means the chief executive of the Department claim means a claim by a person in New Zealand for recognition, as the case may be, as—
a refugee in New Zealand under the Refugee Convention:
a protected person in New Zealand under the Convention Against Tor- ture:
a protected person in New Zealand under the Covenant on Civil and Pol- itical Rights claimant—
means a person who has made a claim; but
does not include a person whose claim has been finally determined (within the meaning of section 128 of the Act) Reprinted as at 6 November 2015 Immigration (Refugee and Protection Status Processing) Regulations 2010 r 4 Department means the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of the Act independent interpreter means a person who a refugee and protection officer considers—
is competent to translate English into a foreign language that a claimant or a person whose recognition as a refugee or a protected person is being investigated can understand and speak, and translate that foreign lan- guage into English; and
is impartial protected person means a person recognised as a protected person in New Zealand under section 130 or 131 of the Act refugee means a person recognised as a refugee in New Zealand under section 126 or 129 of the Act refugee and protection officer means a person designated under section 390 of the Act as a refugee and protection officer Tribunal means the Immigration and Protection Tribunal established under section 217 of the Act.
Any term that is defined in the Act and used, but not defined, in these regula- tions has the same meaning as in the Act.
The confirmation of a claim or a subsequent claim must be made in a form ap- proved by the chief executive for the purpose.
The form must be—
completed in English; and
signed by the claimant; and
lodged with a refugee and protection officer.
The form must also be accompanied by the following details:
a current residential address for the claimant:
a current address in New Zealand to which communications relating to the case may be sent, including a fax number if appropriate:
the name of any lawyer or agent authorised to represent the claimant; and
the current postal address of the lawyer or agent referred to in paragraph (c), including a fax number for the lawyer or agent if appropriate. Immigration (Refugee and Protection Status Processing) r 5 Regulations 2010 Reprinted as at 6 November 2015
A claimant must, as soon as possible, endeavour to provide the following to a refugee and protection officer:
evidence of the claimant’s identity, including—
a recent photograph of the claimant; and
evidence of any identity documents that contain details of an alias or aliases used by the claimant; and
evidence of any identity documents that contain a different spell- ing of the claimant’s name or a different date of birth for the claimant:
evidence of the claimant’s country of origin:
any evidence supporting the claimant’s claim:
any evidence supporting any other potential claim by the claimant under section 129, 130, or 131 of the Act.
If more than 1 person in a family has made a claim or a subsequent claim,—
a separate form confirming the claim or, as the case may be, the subse- quent claim must be completed for, and signed by, each claimant; and
all those forms should be lodged together with a refugee and protection officer. Regulation 4(3)(b): amended, on 6 November 2015, by regulation 4 of the Immigration (Refugee and Protection Status Processing) Amendment Regulations 2015 (LI 2015/232).
When a claim reaches a refugee and protection officer, that officer must inform the claimant of the following rights:
the claimant’s right to contact a representative of the Office of the Uni- ted Nations High Commissioner for Refugees (including information about how to exercise that right):
the claimant’s right to contact a lawyer:
the claimant’s right for an independent interpreter engaged by the De- partment to attend at any interview of the claimant by a refugee and pro- tection officer.
If a refugee and protection officer accepts a claim for consideration, the claim- ant must provide the following information to the officer:
any information about—
whether the claimant has the protection of another country or has been recognised as a refugee by another country; and
whether the claimant can be received back and protected in that other country without risk of being returned to a country where he Reprinted as at 6 November 2015 Immigration (Refugee and Protection Status Processing) Regulations 2010 r 7 or she would be at risk of circumstances that would give rise to grounds for his or her recognition as a refugee or a protected per- son in New Zealand:
any information about whether the claimant has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes:
any information about whether the claimant has committed a serious non-political crime outside New Zealand before entering New Zealand:
any information about whether the claimant has been guilty of acts con- trary to the purposes and principles of the United Nations.
This regulation applies to a decision by a refugee and protection officer to de- cline to accept a claim or subsequent claim for consideration.
A refugee and protection officer must notify the claimant of—
a decision to which this regulation applies; and
the reasons for the decision; and
if applicable, the claimant’s right to appeal against the decision to the Tribunal.
The notification must—
be made in a form approved by the chief executive for the purpose; and
be served on the claimant, or a lawyer or an agent authorised to represent the claimant, by—
personal service; or
registered post, addressed to the last address supplied by the claimant; or
fax, sent to the last fax number supplied by the claimant.
If the claimant has a right of appeal, the notification must include information about—
the time limit within which an appeal must be lodged; and
the address where an appeal may be lodged; and
the claimant’s right to an oral hearing provided in accordance with sec- tion 233(2) of the Act if the claimant lodges an appeal. Immigration (Refugee and Protection Status Processing) r 8 Regulations 2010 Reprinted as at 6 November 2015
If more than 1 person in a family has made a claim or a subsequent claim, the refugee and protection officer must notify each person separately in accordance with this regulation.
This regulation applies to a decision by a refugee and protection officer on a claim or a subsequent claim accepted for consideration.
The notification by a refugee and protection officer to a claimant under section 138(4) of the Act must—
be made in a form approved by the chief executive for the purpose; and
be served on the claimant, or a lawyer or agent authorised to represent the claimant, by—
personal service; or
registered post, addressed to the last address supplied by the claimant; or
fax, sent to the last fax number supplied by the claimant.
If the decision is to decline the claimant’s claim or subsequent claim and the claimant has a right of appeal, the notification must include information about—
the time limit within which an appeal must be lodged; and
the address where an appeal may be lodged; and
the claimant’s right to an oral hearing provided in accordance with sec- tion 233(2) of the Act if the claimant lodges an appeal.
If more than 1 person in a family has made a claim or subsequent claim, the refugee and protection officer must notify each person separately in accordance with this regulation.
This regulation applies to the following decisions by a refugee and protection officer:
a determination under section 143 of the Act in relation to ceasing to recognise a person as a refugee or a protected person:
a determination under section 145 or 146 of the Act in relation to cancel- ling the recognition of a person as a refugee or a protected person.
A refugee and protection officer must notify the person of—
a decision to which this regulation applies; and
the reasons for the decision; and
if applicable, the person’s right to appeal against the decision to the Tri- bunal. Reprinted as at 6 November 2015 Immigration (Refugee and Protection Status Processing) Regulations 2010 r 10
The notification under sections 138(4) and 148(b) of the Act must—
be made in a form approved by the chief executive for the purpose; and
be served on the person, or a lawyer or an agent authorised to represent the person, by—
personal service; or
registered post, addressed to the last address supplied by the per- son; or
fax, sent to the last fax number supplied by the person.
If the decision is to cease or cancel the recognition of the person as a refugee or a protected person and the person has a right of appeal against that decision, the notification must include information about—
the time limit within which an appeal must be lodged; and
the address where an appeal may be lodged; and
the person’s right to an oral hearing provided in accordance with section 233(2) of the Act if the person lodges an appeal.
If a decision to which this regulation applies relates to more than 1 person in a family, the refugee and protection officer must notify each person separately in accordance with this regulation.
This regulation applies to the following decisions by a refugee and protection officer:
a determination under section 164(5) of the Act in relation to the matter in section 164(3) of the Act about whether a refugee or a claimant for recognition as a refugee may be deported:
a determination under section 164(5) of the Act in relation to the matter in section 164(4) of the Act about whether a protected person may be de- ported.
A refugee and protection officer must notify the person of—
a decision to which this regulation applies; and
the reasons for the decision; and
if applicable, the person’s right to appeal against the decision to the Tri- bunal.
The notification under sections 138(4) and 148(b) of the Act must—
be made in a form approved by the chief executive for the purpose; and
be served on the person, or a lawyer or an agent authorised to represent the person, by—
personal service; or r 11 Immigration (Refugee and Protection Status Processing) Regulations 2010 Reprinted as at 6 November 2015
registered post, addressed to the last address supplied by the per- son; or
fax, sent to the last fax number supplied by the person.
If the decision is that the person may be deported and the person has a right of appeal against that decision, the notification must include information about—
the time limit within which an appeal must be lodged; and
the address where an appeal may be lodged; and
the person’s right to an oral hearing provided in accordance with section 233(2) of the Act if the person lodges an appeal.
If a decision to which this regulation applies relates to more than 1 person in a family, the refugee and protection officer must notify each person separately in accordance with this regulation.
A matter that is to be communicated between a refugee and protection officer and a claimant or other person concerned may be communicated—
in the ordinary course of post:
by registered post:
by personal service:
by fax.
Subclause (1) applies subject to any provision of these regulations that pro- vides otherwise.
If a document is given, served, or supplied in the ordinary course of post or by registered post, the document is to be treated as having been received 7 days after the date on which it was posted.
If a document is given, served, or supplied by fax, the document is to be treated as having been received 3 working days after the date on which it was sent. Regulation 12(1): amended, on 6 November 2015, by regulation 5(1) of the Immigration (Refugee and Protection Status Processing) Amendment Regulations 2015 (LI 2015/232). Regulation 12(2): replaced, on 6 November 2015, by regulation 5(2) of the Immigration (Refugee and Protection Status Processing) Amendment Regulations 2015 (LI 2015/232).
A person who is required under section 133(5) of the Act to provide a contact address and an address for service to a refugee and protection officer must,—
at the time of providing that address, notify the officer of a fax number to which communications can be sent, if a fax number is available; and Reprinted as at 6 November 2015 Immigration (Refugee and Protection Status Processing) Regulations 2010 r 15
in a timely manner, notify the officer of any subsequent changes to that fax number.
[Revoked] Regulation 13(1): amended, on 6 November 2015, by regulation 6(1) of the Immigration (Refugee and Protection Status Processing) Amendment Regulations 2015 (LI 2015/232). Regulation 13(2): revoked, on 6 November 2015, by regulation 6(2) of the Immigration (Refugee and Protection Status Processing) Amendment Regulations 2015 (LI 2015/232).
A request by a refugee and protection officer under section 149(1)(d) of the Act for a third party to produce a document must be made in a form approved by the chief executive for the purpose.
The form must be—
signed by the officer making the request; and
served on the third party to whom it is addressed by personal service or registered post.
In this regulation,— document—
means a document of—
a claimant; or
a person whose recognition as a refugee or a protected person is being investigated; and
includes a passport or travel document third party means a person who is other than—
the claimant; or
the person whose recognition as a refugee or a protected person is being investigated.
This regulation applies if—
a refugee and protection officer is to interview a claimant or a person whose recognition as a refugee or a protected person is being investiga- ted; and
the first language of the claimant or the person is not English; and
the refugee and protection officer considers that an independent inter- preter is reasonably required for the purpose of conducting an interview of the claimant or the person. r 15 Immigration (Refugee and Protection Status Processing) Regulations 2010 Reprinted as at 6 November 2015
The refugee and protection officer must arrange for an independent interpreter to attend at the interview unless—
the claimant, or the person whose recognition as a refugee or a protected person is being investigated, requests that an independent interpreter does not attend the interview; and
the refugee and protection officer agrees to the request. Rebecca Kitteridge, Clerk of the Executive Council. Issued under the authority of the Legislation Act 2012. Date of notification in Gazette: 12 August 2010. Reprinted as at 6 November 2015 Immigration (Refugee and Protection Status Processing) Regulations 2010 Notes Reprints notes
General This is a reprint of the Immigration (Refugee and Protection Status Processing) Regulations 2010 that incorporates all the amendments to those regulations as at the date of the last amendment to them.
Legal status Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official elec- tronic version also has official status.
Editorial and format changes Editorial and format changes to reprints are made using the powers under sec- tions 24 to 26 of the Legislation Act 2012. See also http://www.pco.parlia- ment.govt.nz/editorial-conventions/.
Amendments incorporated in this reprint Immigration (Refugee and Protection Status Processing) Amendment Regulations 2015 (LI 2015/232) Wellington, New Zealand: Published under the authority of the New Zealand Government—2015