D4.45 Effect of International Conventions on removal action

1. As the New Zealand Government recognises New Zealand's obligations under international law it is essential that such obligations be taken into account when executing removal orders. International obligations which may apply in such circumstances are:
   1. the 1951 Convention Relating to the Status of Refugees and the 1967 Protocol Relating to the Status of Refugees (the "Refugee Convention");
   2. the 1966 International Covenant on Civil and Political Rights and the optional Protocol relating to that Covenant;
   3. the 1989 Convention on the Rights of the Child and New Zealand's reservations to that Convention;
   4. the 1984 Convention Against Torture.

D4.45.1 Refugee status claimants

Immigration Act 1987 s 129D(2)

1. While a removal order may be served on a person who claims refugee status and who is unlawfully in New Zealand, unless Article 32 or Article 33 of the Refugee Convention allows for their removal, under no circumstances must a claimant be removed from New Zealand until:
   1. they have had their claim determined by a refugee status officer; and
   2. if applicable, had any appeal finalised by the Refugee Status Appeals Authority (RSAA); and
   3. they are not recognised as a refugee.

      Note: Refugee claims made after or at the time the removal order is served may not prevent detention of the claimant but the claim for refugee status will be given priority.

D4.45.5 Necessity to consider other rights

1. When determining whether or not to execute a removal order it is necessary for the immigration officer to take into account the particulars of the case and the impact removal might have on the rights of:
   1. the person being removed; and
   2. any immediate family associated with that person, (particularly those who are New Zealand citizens or residents).
2. The immigration officer must then balance the factors set out in (a) above against:
   1. the rights and interests of the State in determining who should reside within its borders;
   2. the principal goals of Government residence policy;
   3. the intention of the Immigration Act 1987 to ensure a high level of compliance with immigration laws;
   4. the need to be fair to other potential immigrants who have not met policy requirements and who have not been able to remain in New Zealand.

Effective 01/10/1999