Section 194 — Immigration Act 2009: Right of appeal in relation to decisions concerning refugee or protection status (other than subsequent claims)

194 Right of appeal in relation to decisions concerning refugee or protection status (other than subsequent claims) (1) A person may appeal to the Tribunal against a decision by a refugee and protection officer— (a) to decline to accept for consideration the person's claim to be recognised as a refugee or a protected person on the grounds that— (i) in light of an international arrangement or agreement (as defined in section 134(5) ), the person may have lodged, or had the opportunity to lodge, a claim for refugee status in another country: (ii) in light of an international arrangement or agreement (as defined in section 134(5) ), the person may have lodged, or had the opportunity to lodge, a claim for protection in another country: (b) under section 134(3) to decline to accept for consideration the person’s claim to be recognised as a refugee: (c) to decline the person’s claim to be recognised under any of sections 129 , 130 , and 131 as a refugee or a protected person (whether or not the refugee and protection officer recognised the person as a refugee or a protected person under the grounds set out in another of those sections, or both of those other sections): (d) to cease to recognise the person as a refugee or a protected person under section 143 : (e) to cancel recognition of a New Zealand citizen as a refugee or a protected person on a ground under section 145(b) . (2) An appeal under this section must be brought,— (a) if the person is in detention under Part 9 , not later than 5 working days after the date on which the appellant is notified of the decision to which the appeal relates; or (b) in any other case, not later than 10 working days after the date on which the appellant is notified of the decision to which the appeal relates. (3) The Tribunal may, however, extend the time for lodging an appeal if satisfied that special circumstances warrant an extension. (4) To avoid doubt, an appeal right arises under subsection (1)(c) if a person's claim is declined on the grounds 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. (5) Subsection (6) applies to a person who is entitled to an appeal under subsection (1)(a), (b), or (c) and who either— (a) is liable for deportation and is entitled to a humanitarian appeal in respect of that liability; or (b) would be entitled to a humanitarian appeal in respect of his or her liability for deportation, if he or she became liable for deportation. (6) The person must lodge a humanitarian appeal at the same time as lodging an appeal under this section (and, in respect of a person to whom subsection (5)(b) applies, the humanitarian appeal must be conducted as if he or she were a person liable for deportation). If the person is— (a) successful on the appeal under this section, the Tribunal must dispense with its consideration of the person's humanitarian appeal (however, the person may lodge a humanitarian appeal subsequently if his or her claim for recognition is declined): (b) unsuccessful on the appeal under this section, the Tribunal must consider the person's humanitarian appeal. (7) If the person does not lodge a humanitarian appeal in accordance with subsection (6), the person is not entitled to a humanitarian appeal against his or her liability for deportation, whether the liability currently exists or may arise in the future. (8) To avoid doubt, nothing in subsection (7) applies to a person who— (a) complies with subsection (6); and (b) is successful on the appeal under this section; and (c) becomes liable for deportation for any reason at some future date. (9) In subsection (2), working day means a day of the week other than— (a) a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign's birthday, and Labour Day; and (b) a day in the period commencing with 25 December in a year and ending with 2 January in the following year; and (c) if 1 January falls on a Friday, the following Monday; and (d) if 1 January falls on a Saturday or a Sunday, the following Monday and Tuesday. Compare: 1987 No 74 s 129O