Refugee Appeal Nos. 76559, 76560 & 76561
8 November 2010 | Judicial Body: New Zealand: Refugee Status Appeals Authority | Topic(s): Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Kurd - Non-state agents of persecution - Persecution based on political opinion - Persecution of family members - Racial / Ethnic persecution - Social group persecution | Countries: New Zealand - Türkiye |
Application No. 76138
An application pursuant to s129L of the Immigration Act 1987 to cease to recognise a person as a refugee. 23 September 2008 | Judicial Body: New Zealand: Refugee Status Appeals Authority | Topic(s): Cessation clauses - Evidence (including age and language assessments / medico-legal reports) - Kurd - Passports - Persecution based on political opinion | Countries: New Zealand - Türkiye |
Refugee Appeal No. 76044
The Refugee Status Appeals Authority reaffirmed in this decision New Zealand jurisprudence on the internal protection alternative, holding that even were it free to do so, it would not follow the decisions of the House of Lords in Januzi v Secretary of State for the Home Department [2006] 2 AC 426 and AH (Sudan) v Secretary of State for the Home Department [2007] 3 WLR 832 which facilitate the withholding of recognition of refugee status. The Authority emphasized that such withholding of recognition can only occur in a highly limited class of case where (a) the proposed internal protection alternative is accessible to the individual. This requires that the access be practical, safe and legal; (b) in the proposed site of internal protection there is no risk of being persecuted for a Convention reason; (c) in the proposed site of internal protection there are no new risks of being persecuted or of being exposed to other forms of serious harm or of refoulement; and finally, (d) in the proposed site of internal protection basic norms of civil, political and socio-economic rights will be provided by the State. The Authority has also declined to follow the two recent decisions of the High Court of Australia in SZATV v Minister for Immigration and Citizenship (2007) 237 ALR 634 and SZFDV v Minister for Immigration and Citizenship (2007) 237 ALR 660. In these two decisions the "protection" element of the refugee definition in Article 1A(2) was interpreted as "diplomatic protection". 11 September 2008 | Judicial Body: New Zealand: Refugee Status Appeals Authority | Topic(s): Blood feuds - Country of origin information (COI) - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Kurd - Persecution based on political opinion - Social group persecution - State protection - Well-founded fear of persecution | Countries: New Zealand - Türkiye |
Refugee Appeal No. 75378
19 October 2005 | Judicial Body: New Zealand: Refugee Status Appeals Authority | Topic(s): Arbitrary arrest and detention - Country of origin information (COI) - Freedom from torture, inhuman and degrading treatment - Kurd - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Persecution based on political opinion | Countries: New Zealand - Türkiye |