Case Law

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 | Topic(s): Citizenship / Nationality law - Refugee status determination (RSD) / Asylum procedures - Right to family life | 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

19 May 2009 | Judicial Body: New Zealand: Refugee Status Appeals Authority | Topic(s): Christian - Country of origin information (COI) - Messianic Jews - Refugee status determination (RSD) / Asylum procedures - Religious persecution (including forced conversion) - Statelessness - Statelessness | Countries: Israel - New Zealand - Tajikistan

18 June 2008 | Judicial Body: New Zealand: Refugee Status Appeals Authority | Topic(s): Effective remedy - Manifestly unfounded / Clearly abusive claims - Refugee status determination (RSD) / Asylum procedures - Rule of law / Due process / Procedural fairness - State protection - Statelessness - Statelessness | Countries: Canada - New Zealand - United States of America

16 June 2008 | Judicial Body: New Zealand: Refugee Status Appeals Authority | Topic(s): Manifestly unfounded / Clearly abusive claims - Passports - Persecution based on political opinion - Refugee status determination (RSD) / Asylum procedures - Statelessness - Statelessness - Sur place persecution | Countries: New Zealand - Uganda - United Arab Emirates

28 November 2007 | Judicial Body: New Zealand: Refugee Status Appeals Authority | Topic(s): Evidence (including age and language assessments / medico-legal reports) - Passports - Refugee status determination (RSD) / Asylum procedures | Countries: Iran, Islamic Republic of - New Zealand

15 May 2007 | Judicial Body: New Zealand: Refugee Status Appeals Authority | Topic(s): Christian - Country of origin information (COI) - Credibility assessment - Discrimination based on race, nationality, ethnicity - Messianic Jews - Non-state agents of persecution - Racial / Ethnic persecution - Refugee status determination (RSD) / Asylum procedures - Religious discrimination - Religious persecution (including forced conversion) - Right to employment - State protection - Statelessness - Withdrawal of nationality | Countries: Israel - New Zealand

30 June 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 - Persecution based on nationality - Persecution based on political opinion - Racial / Ethnic persecution - Refugee status determination (RSD) / Asylum procedures - Social group persecution - Statelessness | Countries: New Zealand - Saudi Arabia

26 May 2005 | Judicial Body: New Zealand: Refugee Status Appeals Authority | Topic(s): Arbitrary arrest and detention - Country of origin information (COI) - Discrimination based on race, nationality, ethnicity - Economic, social and cultural rights - Freedom from torture, inhuman and degrading treatment - Refugee status determination (RSD) / Asylum procedures - Social group persecution - Statelessness - Statelessness | Countries: Jordan - New Zealand

1 September 2004 | Judicial Body: New Zealand: Refugee Status Appeals Authority | Topic(s): Country of origin information (COI) - Persecution based on nationality - Refugee status determination (RSD) / Asylum procedures - Social group persecution - Statelessness - Statelessness | Countries: Kuwait - New Zealand