C4.15 Matters to be determined in relation to a claim

See also Immigration Act 2009 ss 129, 130, 131, 137

1. Where a claim is accepted for consideration, a refugee and protection officer must determine in the following order whether:
   1. the claimant is a refugee within the meaning of the Convention, or whether the claimant should be excluded from the protection of the Convention because any of Articles 1D, 1E or 1F of the Convention apply;
   2. the claimant is a protected person under the CAT;
   3. the claimant is a protected person under the ICCPR.
2. In relation to a protection claim, the refugee and protection officer must also determine whether there are serious reasons for considering a person claiming protection status has committed a crime against peace, a war crime, or a crime against humanity, a serious non-political crime outside New Zealand or been guilty of acts contrary to the purposes and principles of the United Nations.
3. In relation to all claims, whether the claimant has the protection of another country.
4. A refugee and protection officer must determine the matters in C4.15(a) - (c) regardless of whether the claim was made on only one or two of the grounds described at C4.15(a).
5. The Minister of Immigration will determine the immigration status of protected persons where:
   1. there are serious reasons for considering that a protected person has committed a crime against peace, a war crime, a crime against humanity, a serious non-political crime outside New Zealand before entering New Zealand, or to have been guilty of acts contrary to the purposes and principles of the United Nations;
   2. the person has been granted protection status but had a claim or subsequent claim for refugee status refused consideration under C4.1(a)(ii) or C4.5(a)(i).

Effective 29/07/2013