C4.20 Declining claims for refugee status (26/07/1999)

1. If the RSB declines to recognise a claim for refugee status, it must inform the claimant, or the claimant's representative, in a letter that also:
   1. advises of the right of appeal to the RSAA, and
   2. encloses a full copy of the RSB decision.
2. If a street address has been provided the letter is sent by courier with "proof of delivery" required. If only a post office box number has been provided the letter is sent by ordinary mail. In either case the claimant is considered to have received it 5 working days after it is sent.
3. Immediately after the letter is sent the RSB file is referred to the RSAA.
4. If no appeal is made or the appeal is unsuccessful the RSB file is referred to the NZIS branch closest to where the claimant is living for follow-up action, including, if necessary, steps leading to removal from New Zealand.

C4.20.1 Appeal to the Refugee Status Appeal Authority (RSAA)

1. The claimant may appeal to the RSAA against a decision not to recognise their claim, but must do so within 10 working days of the date of receiving the letter from the RSB that advises them of the decision.
2. If the claimant is detained in custody on the date they receive the letter, they must appeal within 5 working days of that date.
3. If no appeal is received the RSB file is returned to the NZIS. If an appeal is recieved that action follows publication of the Authority decision.

Effective 26/07/1999