Section 164 — Immigration Act 2009: Limitation on deportation of persons recognised or claiming recognition as refugee or protected person

164 Limitation on deportation of persons recognised or claiming recognition as refugee or protected person (1) No person who is recognised as a refugee or a protected person in New Zealand, or who is a claimant, may be deported under this Act. (2) Subsection (1) applies despite anything in this Part, but subject to subsections (3) and (4). (3) A refugee or a claimant for recognition as a refugee may be deported but only if Article 32.1 or 33 of the Refugee Convention allows the deportation of the person. (4) A protected person may be deported to any place other than a place in respect of which there are substantial grounds for believing that the person would be in danger of being subjected to— (a) torture (as defined in section 130(5) ); or (b) arbitrary deprivation of life or cruel treatment (as defined in section 131(6) ). (5) A refugee and protection officer must determine the matter in subsection (3) or (4), and section 148 applies when making the determination, as if the determination were a determination to which that section applies.