C7.5 Notice of intended determination involving loss of refugee status (01/10/1999)

Immigration (Refugee Processing) Regulations 1999 reg 11

1. If a refugee status officer intends to make a determination under section 129L of the Immigration Act 1987 to the effect that a person's refugee status may be lost, the officer must notify the person concerned in the approved form of:
   1. that intention; and
   2. the matter it involves, including:
      • the reasons for it; and
      • any evidence relating to it.
2. The officer must sign the notice, and the notice must be served personally on the person to whom it relates.
3. At the same time as the person is served with the notice they must be given a copy of all relevant information from their departmental file. Any material or information whose disclosure would be likely to endanger any person may be withheld from the person, but the person must be notified of that non-disclosure.
4. At the same time as the person is served with the notice they must also be informed of their right:
   1. to contact a representative of the UNHCR, together with information on how to exercise that right; and
   2. to contact a lawyer; and
   3. within 20 working days, to request an interview and to provide written submissions on the intended loss of refugee status; and
   4. to have an independent interpreter present at any interview by the officer; and
   5. to appeal to the RSAA if the officer should make a determination under section 129L of the Immigration Act 1987 involving loss of refugee status.
5. A person who is served with a notice under regulation 11 of the Immigration (Refugee Processing) Regulations 1999 must provide the person serving the notice with an address, including a facsimile number if available, at which they may be contacted about the matter.

Effective 01/10/1999