Section 137 — Immigration Act 2009: Matters to be determined by refugee and protection officer

137 Matters to be determined by refugee and protection officer (1) For each claim accepted for consideration, a refugee and protection officer must determine, in the following order: (a) whether to recognise the claimant as a refugee on the ground set out in section 129 ; and (b) whether to recognise the claimant as a protected person on the ground set out in section 130 ; and (c) whether to recognise the claimant as a protected person on the ground set out in section 131 . (2) For each claim accepted for consideration, a refugee and protection officer must also determine, as part of the process in respect of a determination under subsection 1(b) or (c), whether there are serious reasons for considering that the claimant has— (a) committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes; or (b) committed a serious non-political crime outside New Zealand before entering New Zealand; or (c) been guilty of acts contrary to the purposes and principles of the United Nations. (3) To avoid doubt, a determination made under subsection (2)— (a) must not be used as grounds to refuse a claim by the person concerned for recognition as a protected person; and (b) is relevant only if the person is recognised as a protected person; and (c) if answered in the affirmative, requires the Minister to determine the immigration status of the protected person in accordance with section 139 . (4) For each claim accepted for consideration, a refugee and protection officer must also determine whether the claimant has the protection of another country or has been recognised as a refugee by another country and can be received back and protected there without risk of being returned to a country where he or she would be at risk of circumstances that would give rise to grounds for his or her recognition as a refugee or a protected person in New Zealand. (5) To avoid doubt, a refugee and protection officer— (a) in determining the matters specified in this section, may make findings of credibility or fact: (b) must determine all the matters described in subsections (1), (2), and (4), regardless of whether the claim was made only on 1 or 2 of the 3 grounds set out in sections 129 to 131 .