Case Law

The primary issue to be determined by the Tribunal is whether the appellant is excluded from the 1951 Convention Relating to the Status of Refugees (“Refugee Convention”) by the operation of Article 1D which applies, in certain circumstances, to persons being protected or assisted by United Nations (“UN”) organs and agencies other than the Office of the United Nations High Commissioner for Refugees (“UNHCR”). If so, the appellant will not be entitled to recognition as a refugee under section 129 of the Immigration Act 2009 (“the Act”).

28 May 2019 | Judicial Body: New Zealand: Immigration and Protection Tribunal | Legal Instrument: 1951 Refugee Convention | Topic(s): Cessation clauses - Palestinian | Countries: Lebanon - New Zealand - Palestine, State of

30 June 2016 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Right to family life | Countries: Italy - New Zealand

23 December 2015 | Judicial Body: New Zealand: Immigration and Protection Tribunal | Topic(s): Exclusion clauses - Palestinian | Countries: New Zealand - Palestine, State of

21 December 2015 | Judicial Body: New Zealand: Immigration and Protection Tribunal | Topic(s): 1951 Refugee Convention - Persecution on the basis of sexual orientation or gender identity - Refugee / Asylum law - Well-founded fear of persecution | Countries: New Zealand - Zimbabwe

22 September 2015 | Judicial Body: New Zealand: Immigration and Protection Tribunal | Topic(s): Family reunification - Immigration law | Countries: Iran, Islamic Republic of - New Zealand

20 July 2015 | Judicial Body: New Zealand: Supreme Court | Topic(s): 1951 Refugee Convention - Appeal / Right to appeal - Climate change (including environmental migrants) - Convention on the Rights of the Child (CRC) - Denial of refugee status - International Covenant on Civil and Political Rights (ICCPR) - Jurisdiction - Livelihoods - Refugee / Asylum law - Right to family life | Countries: Kiribati - New Zealand

29 June 2015 | Judicial Body: New Zealand: Immigration and Protection Tribunal | Topic(s): 1951 Refugee Convention - Convention against Torture (CAT) - Discrimination based on race, nationality, ethnicity - Generalized violence - International Covenant on Civil and Political Rights (ICCPR) - Non-state agents of persecution - Physical harm - Roma - Threats / Intimidation - Well-founded fear of persecution | Countries: Czech Republic - New Zealand - Slovakia

25 June 2015 | Judicial Body: New Zealand: Immigration and Protection Tribunal | Topic(s): 1951 Refugee Convention - Acts of persecution - Convention against Torture (CAT) - International Covenant on Civil and Political Rights (ICCPR) - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Non-state agents of persecution - Persecution based on political opinion - Well-founded fear of persecution | Countries: New Zealand - Ukraine

25 June 2015 | Judicial Body: New Zealand: Immigration and Protection Tribunal | Topic(s): 1951 Refugee Convention - Acts of persecution - Appeal / Right to appeal - Convention against Torture (CAT) - International Covenant on Civil and Political Rights (ICCPR) - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Persecution based on political opinion - Refugee status determination (RSD) / Asylum procedures - Well-founded fear of persecution | Countries: New Zealand - Ukraine

28 May 2015 | Judicial Body: New Zealand: Immigration and Protection Tribunal | Topic(s): 1951 Refugee Convention - Abduction - Arbitrary arrest and detention - Convention against Torture (CAT) - International Covenant on Civil and Political Rights (ICCPR) - Threats / Intimidation - Well-founded fear of persecution | Countries: New Zealand - Sri Lanka