C4.75 Person claiming refugee or protection status may already be detained

1. A person claiming refugee or protection status may already be detained under the Immigration Act 2009, or any other legislation. A claimant in detention is entitled to the same refugee or protection status process and procedures as a non-detained claimant.
2. Time limits for different stages of the claim process are likely to be reduced for detained claimants. When setting time limits for a detained claimant, a refugee or protection officer needs to ensure satisfactory time is allowed for a claimant to exercise the rights outlined at C5.1.
3. Because the claimant is being detained, the refugee and protection officer should determine the claim as speedily as possible, ideally within 14 weeks from the date of lodgement of the Confirmation of Claim to Refugee or Protection Status in New Zealand form. The refugee and protection officer will make a decision after:
   1. receiving submissions or comments on the interview report; or
   2. if there are no submissions or comments on the interview report:
      • being notified that there are no submissions or comments on the interview report; or
      • the time limit for making submissions or comments on the interview report has expired, or
      • the interview itself, if there is no interview report.

Effective 29/11/2010