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Immigration and Refugee Law image - Coggle Diagram

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- - - - Section 7 of the BORA as well?
- - - - So because we have state borders, because we have policies and procedures we have what we now know as immigration. Now, that was a really interesting, and we're not going to go into that in this class, because they the morality and the procedures around state borders and why we have them is more of the humanities field. And I don't want to go to too much of that, because I need to be very careful, because there's a lot but in a nutshell, some of the reasons why we have stakeholders is because it allows states individual states to control the inflow of people so that they can also dictate things like resources, migration, control of housing. This has all been in the news. But state borders is really, really interesting.
      - Ye v. Minister of Immigration [2009] 2 NZLR 595 (CA)
        
        Usage in Legal Procedures: Visa Applications and Submissions: The case is not typically cited in standard visa applications or submissions to Immigration New Zealand. Appeals to the Immigration Protection Tribunal: It becomes relevant and is often quoted when submitting appeals to the Immigration Protection Tribunal. Refugee Appeals: The case is always cited in appeals related to refugee status to both the Immigration Protection Tribunal and the Refugee Status Branch. Significance in International Law: The case is noted for its relationship with international law. The lecturer emphasizes a key principle: all individuals and objects entering the territory of a state fall under its authority. Further Discussion Promised: The lecturer indicates that more details about this case and its implications will be discussed later in the lecture. This summary captures the key points of the lecture script, focusing on the legal relevance and application of the "Rave" case in New Zealand's immigration and refugee law context.
  - - - Refugee Convention: This convention defines what a refugee is and includes the criteria for determining refugee status. It outlines specific grounds for refugee status and also mentions possible exclusion clauses. The convention details the rights of refugees, such as the right to work, social welfare, and housing. However, it's noted that most rights are available primarily to local refugees or claimants. In New Zealand, the key benefits for those unlawfully present but claiming refugee status are the possibility of being granted refugee status and protection against deportation. Convention Against Torture: This convention defines what constitutes torture. It is used in conjunction with the International Covenant on Civil and Political Rights to determine whether someone is a "protected person." Distinction Between Refugee and Protected Person: A refugee is someone granted status under the Refugee Convention. A protected person, however, may not qualify under the Refugee Convention (possibly due to exclusion) but can be granted status under the Convention Against Torture or the International Covenant on Civil and Political Rights. This distinction is important as countries, including New Zealand, are obligated not to send individuals back to places where they could face harm. Convention on the Rights of the Child: While this convention is not a direct ground for refugee status, it plays a significant role in deportation cases or cases involving temporary migrants with New Zealand-born children. The key consideration here is the potential separation of children from their caregivers. The Immigration New Zealand and the Immigration and Protection Tribunal are expected to apply this convention in line with judicial decisions and established guidelines. In summary, these conventions collectively contribute to the framework that governs how New Zealand handles refugees, protected persons, and immigration cases, especially those involving humanitarian concerns and the rights of children.