Section 138 — Immigration Act 2009: Decision on claim

138 Decision on claim (1) A refugee and protection officer must recognise a person as— (a) a refugee if satisfied that the grounds for recognition in section 129 have been met: (b) a protected person if satisfied that the grounds for recognition in section 130 or 131 (or both) have been met. (2) Despite subsection (1), a refugee and protection officer may refuse to recognise a person as a refugee or a protected person if he or she is satisfied that the person 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. (3) The decision of the refugee and protection officer is final, unless overturned by the Tribunal on appeal under section 194 . (4) The refugee and protection officer must notify the claimant, in the prescribed manner, of— (a) the officer’s decision on the claim; and (b) the reasons for the decision, which must contain the information required under section 23 of the Official Information Act 1982 as if the decision were a response to a request to which that section applies; and (c) the officer’s determination in relation to section 137(2) ; and (d) the claimant’s right of appeal to the Tribunal, where a claim for recognition on any ground has been declined. (5) Once a decision on a claim is made and notified to a claimant, any refugee and protection officer may, in his or her absolute discretion, re-open the claim for further consideration under any of sections 143 to 147 . Compare: 1987 No 74 s 129I