C1.10 Role of refugee status officers (26/07/1999)

Convention, Articles 1A(2), C, D, E, F
1967 Protocol

1. NZIS officers whom the General Manager has authorised to determine claims for refugee status are considered to be refugee status officers.
2. In determining claims for refugee status, refugee status officers make reference to:
   1. relevant country information,
   2. the testimony of the refugee applicant,
   3. New Zealand refugee jurisprudence
   4. instruments of international law,
   5. the Handbook on Procedures and Criteria for Determining Refugee Status, issued by the Office of the United Nations High Commissioner for Refugees in Geneva ("the UNHCR Handbook"),
   6. the provisions of this chapter, and
   7. any other relevant information from reliable sources.
3. The Minister of Immigration agrees to be bound by determinations made by Refugee Status Branch and/or decisions of the Refugee Status Appeals Authority (RSAA).
4. Refugee status officers are responsible for making the following determinations, applications and recommendations:
   1. determining whether a person claiming to be a refugee meets the criteria for refugee status set out in Article 1A(2) of the Convention relating to the Status of Refugees, as amended by the 1967 Protocol relating to the Status of Refugees; and
   2. determining whether a person who meets the criteria for refugee status should nevertheless be excluded from the protection of the Convention, under Article 1D, 1E or 1F of the Convention; and
   3. determining whether the Convention has ceased to apply to a person who has previously been recognised as a refugee by the Refugee Status branch, in terms of Article 1C of the Convention; and
   4. applying to the RSAA for a determination on whether the Convention no longer applies to a person who has previously been recognised as a refugee by the Authority, in terms of Article 1C of the Convention; and
   5. recommending to the Minister of Immigration that a determination be made that the Convention no longer applies to a person who has previously been recognised as a refugee, after the Interdepartmental Committee on Refugees has considered the claim, in terms of Article 1C of the Convention; and
   6. determining (in any case where refugee status granted by the Refugee Status branch may have been obtained by fraud, forgery, false or misleading representation, or concealing relevant information) whether the grant of refugee status was properly made and cancelling the grant of refugee status if appropriate; and
   7. applying to the RSAA for a determination (in any case where refugee status granted by the Authority may have been obtained by fraud, forgery, false or misleading representation, or concealing relevant information) on whether that grant of refugee status was properly made, and, if not, whether the grant of refugee status should be cancelled; and
   8. recommending to the Minister of Immigration (in the case of a person recognised as a refugee after the Interdepartmental Committee on Refugees had considered the claim and where the grant of refugee status was believed to have been obtained by fraud, forgery, false or misleading representation, or concealing relevant information) that the grant of refugee status be cancelled; and
   9. determining (in any case where the Refugee Status branch may not have properly considered matters dealt with in Article 1D, IE or 1F of the Convention (in a case that did not go on appeal to the Authority) as a result of fraud, forgery, false or misleading representation, or concealment of relevant information) whether Article 1D, 1E or 1F should be applied, and excluding the claimant from the protection of the Convention if appropriate; and
   10. applying to the RSAA for a determination (in any case where the Authority granted refugee status and the Authority may not have properly considered matters dealt with in Article 1D, 1E or 1F of the Convention as a result of fraud, forgery, false or misleading representation, or concealing relevant information) on whether Article 1D, 1E or 1F should be applied to exclude the claimant from protection of the Convention; and
   11. recommending to the Minister of Immigration (in the case of a person recognised as a refugee after the Interdepartmental Committee on Refugees had considered the claim and where the matters dealt with in Article ID, 1E or IF of the Convention are believed not to have been properly considered as a result of fraud, forgery, false or misleading representation, or concealing relevant information) that Article ID, 1E or IF should be applied and that the claimant be excluded from the protection of the Convention; and
   12. determining (in the case of a person who had already been recognised as a Convention refugee by a country other than New Zealand) whether that person may seek the protection of that country; and
   13. recommending to the Minister of Immigration (after reconsidering any claim to refugee status previously considered by the Interdepartmental Committee on Refugees and declined by the Minister of Foreign Affairs and Trade and the Minister of Immigration) that the claimant meets or does not meet the criteria for refugee status set out in Article 1A(2) of the 1951 Convention relating to the Status of Refugees, as amended by the 1967 Protocol relating to the Status of Refugees; or that the person should be excluded from the protection of the Convention under Article 1D, 1E or 1F of the Convention (this provision does not apply if the person concerned holds a residence permit under the Immigration Act 1987); and
   14. recommending to the Minister of Immigration (in the case of a person granted refugee status by the Ministers under subparagraph (xiii)):
       • that a determination be made that the Convention no longer applies to the person in terms of Article 1C of the Convention; or
       • where the grant of refugee status is believed to have been obtained by fraud, forgery, false or misleading representation, or concealing relevant information, that the grant of refugee status be cancelled; or
       • where matters dealt with in Article 1D, 1E or 1F of the Convention are believed not to have been properly considered as a result of fraud, forgery, false or misleading representation, or concealing relevant information, that the claimant should be excluded from the protection of the Convention; and
   15. determining (in the case of a person who has previously had a claim to refugee status finally determined and declined by the RSB or the Authority) whether circumstances in the claimant's home country have changed to such an extent that the further claim is based on significantly different grounds from the original claim.
5. The Refugee Status Branch does not have jurisdiction to make determinations on applying Article 32 or Article 33(2). However, if circumstances come to light during the determination process which indicate that Article 32 or Article 33(2) considerations have arisen, the Refugee status officer making the determination may draw attention to this fact.

Effective 26/07/1999