Asylum in New Zealand: refugee and protected person status

A refugee is a person outside their country who faces a real chance of serious harm, amounting to a sustained or systemic breach of a fundamental human right, because of race or ethnicity, religion, political opinion, nationality or membership of a particular social group. A protected person is someone with substantial grounds for believing they would be in danger of torture, arbitrary deprivation of life or cruel treatment if deported. New Zealand is not obliged to protect a person who can obtain effective protection from their own or a third country.

INZ states that the standard is high and that currently only around one fifth of claims succeed. A claim is not a way to extend a stay or to obtain work rights; if a claim is finally declined, the person cannot apply for further visas and may be deported.

You can claim in person or in writing to a New Zealand police officer or a representative of MBIE, such as an immigration officer or refugee and protection officer (RPO). The claim is confirmed on the Confirmation of Claim to Refugee and Protection Status form (INZ 1071), using the name on your passport, together with evidence of identity and nationality. A written statement follows, prepared with INZ's guidelines (INZ 1362).

The process has 6 steps: confirmation of claim form, written statement, interview with an RPO, a report on your claim, final submissions and the decision. Forms go to the Refugee Status Unit, PO Box 90533, Victoria Street, Auckland 1142, or in person at 162 Victoria Street West, Auckland (08:30 to 16:00, Monday to Friday); phone +64 9 928 2236, email rsu@mbie.govt.nz. Decisions are sent in hard copy by courier; INZ warns of fake outcome letters circulating by email and social media.

Claims are generally handled in order of receipt; the time from submission to allocation to an RPO can currently be 18 to 24 months, after which the RSU arranges an interview and the timeframes in the RSU Practice Note apply. Claims are prioritised when the person is detained or their liberty is restricted, for subsequent and compliance-related claims, and in other cases such as group claims, claims that appear to have merit or compelling circumstances like unaccompanied minors.

No one is deported while their claim is processed. Claimants can apply for a visa to stay, study or work and should keep a valid visa throughout. A chest X-ray is required for claimants applying for a temporary visa; INZ pays for it for claimants without an X-ray in the last 36 months and for their partner and dependent children in New Zealand, and refunds X-rays or medicals paid since 1 October 2019 using form INZ 1183. You can be represented by a lawyer or a licensed immigration adviser, and the Ministry of Justice's Legal Aid Service may help if you cannot afford one.