C7.10 Procedure for possible cancellation of refugee status

Immigration (Refugee Processing) Regulations 1999 reg 12

1. A person who receives notice of the possible cancellation of refugee status is entitled:
   1. to make a written submission on the matter of the possible cancellation of their refugee status, and any reasons why they should continue to be recognised as a refugee; and
   2. to be interviewed on the matter of the possible cancellation of their refugee status, and any reasons why they should continue to be recognised as a refugee.
2. Within the requirements of fairness, written responses to a notice received must be provided within 20 working days, or before any interview is held, whichever is first.
3. If an interview is requested, the officer will schedule an interview in accordance with the Immigration (Refugee processing) Regulations 1999 regs 19, 20 and C5.35.
4. Timeframes for final written submissions following any interview will be provided by the interviewing officer and will depend on whether an interview report is completed. Such a timeframe will usually be 20 working days following either the last interview or, if produced, the interview report.
5. If the refugee status officer determines that refugee status may have been recognised due to fraud, forgery, false or misleading representation, or by concealment of relevant information, then the officer will consider whether there is any further, new or other reason why that person should continue to be recognised as a refugee.
6. Before making any decision involving the cancellation of refugee status, the relevant officer must take into account any submissions (including any personal interview), documents or other evidence produced by the person affected.
7. A decision on the matter specified in the notice may not be made sooner than 20 working days after the date on which the person receives the notice.

Effective 28/11/2005