Chapter 10
Refugee proceedings and extradition


10.1In some cases, an extradition request relates to a person who is also the subject of refugee status proceedings. The interaction of these two distinct areas of law can lead to complex substantive and procedural issues. Because an extradition request requires consideration of whether a person should be removed from New Zealand and sent to another country, there may be a direct conflict with a person’s claim that they require asylum in New Zealand and protection from return to another country. New Zealand has international obligations in both areas, and there can be tension between humanitarian values of protecting individuals from persecution and international cooperation in the suppression of crime.462
10.2This chapter first looks at New Zealand’s international obligations relating to refugees and asylum seekers.463 It then outlines the relevant domestic legislative provisions regarding refugees and asylum seekers and the intersection with extradition law. We discuss issues raised by the interrelationship between refugee proceedings and extradition proceedings, before looking at potential reforms in this area that should be considered.
462EP Aughterson Extradition: Australian law and procedure (Law Book Co, Sydney, 1995) at 36.
463Those who have left their home country and are seeking refugee status in another country, but the decision on that status is still pending.