Last Updated: Friday, 05 November 2021, 15:03 GMT

New Zealand: Immigration and Protection Tribunal

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
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AJ (Ukraine)

This is an appeal against a decision of a refugee and protection officer declining to grant refugee status or protected person status to the appellants who are a mother (the mother) and son (the son). The mother is a citizen of the Ukraine. She is also a Russian citizen. The son was born in New Zealand. There is some dispute concerning his nationality but, as will be seen below, the Tribunal finds him to be entitled to Ukrainian citizenship.

17 February 2020 | Judicial Body: New Zealand: Immigration and Protection Tribunal | Document type: Case Law | Topic(s): Citizenship / Nationality law - Refugee status determination (RSD) / Asylum procedures - Right to family life | Countries: New Zealand - Ukraine

AC (North Korea) [2019] NZIPT 801589

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.

18 November 2019 | Judicial Body: New Zealand: Immigration and Protection Tribunal | Document type: Case Law | Topic(s): Exclusion clauses - Serious non-political crime - Trafficking in persons | Countries: China - Korea, Democratic People's Republic of - Korea, Republic of - New Zealand

BP (Turkey)

30 October 2019 | Judicial Body: New Zealand: Immigration and Protection Tribunal | Document type: Case Law | Topic(s): Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription | Countries: New Zealand - Turkey

AB (Hong Kong) [2019] NZIPT 801635

11 October 2019 | Judicial Body: New Zealand: Immigration and Protection Tribunal | Document type: Case Law | Topic(s): Credibility assessment - Mental health - Well-founded fear of persecution | Countries: Hong Kong (Special Administrative Region of China) - New Zealand

FP (Sri Lanka)

The central issue is whether the appellant faces a real chance of being seriously mistreated by the authorities in detention, in the course of their investigation.

9 August 2019 | Judicial Body: New Zealand: Immigration and Protection Tribunal | Document type: Case Law | Topic(s): Police - Tamil - Well-founded fear of persecution | Countries: New Zealand - Sri Lanka

AE (Lebanon) [2019] NZIPT 801588

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 | Document type: Case Law | Legal Instrument: 1951 Refugee Convention | Topic(s): Exclusion clauses - Palestinian | Countries: Lebanon - New Zealand - Palestine, State of

AD (Palestine)

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

AT (Zimbabwe)

21 December 2015 | Judicial Body: New Zealand: Immigration and Protection Tribunal | Document type: Case Law | 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

DR (Iran)

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

AB (Slovakia), AF (Czech Republic)

29 June 2015 | Judicial Body: New Zealand: Immigration and Protection Tribunal | Document type: Case Law | 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

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