The Tribunal is not satisfied that there are serious reasons for considering that the appellant “has committed a serious non-political crime outside [New Zealand] prior to his admission to [New Zealand] as a refugee” because any crime he committed was of a political kind.
[125] Accordingly, the appellant is not excluded from the protection of the Refugee Convention under Article 1F(b) of that Convention.
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”).
