C4.30 Claimants who have had their refugee claim recognised (26/07/1999)

C4.30.1 Residence not automatically given on recognition of refugee status

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

   Examples:
   * if section 7(1) of the Immigration Act 1987 applies to the claimant, and the Minister is not prepared to authorise granting a permit under section 7(3)(a); or
   * if Article 33(2) applies.

2. If it is not appropriate to grant residence to a person granted refugee status because they do not meet character or security requirements, officers must take into account the principle of "non-refoulement" under Article 33 of the United Nations Convention (see C1.1.10), and consider the grant of a temporary permit.
3. It is also necessary to determine whether Article 32 or 33(2) considerations exist. 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.

C4.30.5 Eligibility

1. All claimants who are recognised as having refugee status may apply for residence on the basis of that recognition (see S3.10).
2. Such claimants may include dependants in the residence application in accordance with residence policy (see R3).

Effective 26/07/1999