C8.5 Cases involving security concerns

Immigration Act 1987 ss 114G, 114K, 114Q

1. If the Minister of Immigration gives notice to the chief executive of the Department of Labour that he or she has made a preliminary decision to rely on a security risk certificate about a refugee status claimant:
   1. the processing of the refugee status claim continues; and
   2. the officer processing the claim must determine the claim; or
   3. if the claim has not been allocated to an officer for processing, it must be allocated as soon as possible to an officer, who must determine the claim; and
   4. the claimant continues to have the right to appeal to the RSAA against a decision to decline the refugee claim.
2. If the Minister has given notice to the chief executive of the Department of Labour that he or she has made a preliminary decision or, as the case may be, a final decision to rely on a security risk certificate about a person who is not a refugee status claimant, that person still has the right to claim refugee status.
3. If such a person claims refugee status:
   1. a refugee status claim must be processed; and
   2. the claim must be allocated as soon as possible to a refugee status officer for processing, and the officer must determine the claim; and
   3. the claimant continues to have the right to appeal to the RSAA against a decision to decline the refugee claim.
4. No refugee status claimant about whom the Minister has made a final decision to rely on a security risk certificate may be removed or deported from New Zealand until their refugee status has been finally determined.
5. Considerations under Article 32(1) or 33(2) of the Convention (see C2.5.10) may arise concerning a refugee about whom the Minister has made a final decision to rely on a security risk certificate.

Effective 01/10/1999