New Zealand Acts

IMMIGRATION ACT 2009 - SECT 137

137 Matters to be determined by refugee and protection officer

1 For each claim accepted for consideration, a refugee and protection officer must determine, in the following order:

a) whether to recognise the claimant as a refugee on the ground set out in section 129 ; and

b) whether to recognise the claimant as a protected person on the ground set out in section 130 ; and

c) whether to recognise the claimant as a protected person on the ground set out in section 131 .

2 For each claim accepted for consideration, a refugee and protection officer must also determine, as part of the process in respect of a determination under subsection 1(b) or (c), whether there are serious reasons for considering that the claimant has—

a) 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; or

b) committed a serious non-political crime outside New Zealand before entering New Zealand; or

c) been guilty of acts contrary to the purposes and principles of the United Nations.

3 To avoid doubt, a determination made under subsection (2)—

a) must not be used as grounds to refuse a claim by the person concerned for recognition as a protected person; and

b) is relevant only if the person is recognised as a protected person; and

c) if answered in the affirmative, requires the Minister to determine the immigration status of the protected person in accordance with section 139 .

4 For each claim accepted for consideration, a refugee and protection officer must also determine whether the claimant has the protection of another country or has been recognised as a refugee by another country and can be received back and protected there without risk of being returned to a country where he 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 person in New Zealand.

5 To avoid doubt, a refugee and protection officer—

a) in determining the matters specified in this section, may make findings of credibility or fact:

b) must determine all the matters described in subsections (1), (2), and (4), regardless of whether the claim was made only on 1 or 2 of the 3 grounds set out in sections 129 to 131 .