The Immigration and Protection Tribunal is an independent body established under the Immigration Act 2009 to hear appeals and applications regarding: residence class visas; deportation (including appeals on the facts and humanitarian grounds); and claims to be recognised as a refugee or as a protected person. The Immigration and Protection Tribunal commenced on 29 November 2010 and replaces, inter alia, the Refugee Status Appeals Authority (RSAA). Website: www.justice.govt.nz/tribunals/immigration-protection-tribunal
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”).