Is a refugee claim throwing all your eggs in one basket?
Submitting a refugee or protected person claim can be a good option if you satisfy the risk of harm (discussed in the previous blog entry). However, to do so could limit your other visa options.
“Any claimant to whom a temporary entry class visa has been granted, (whether before or after the person became a claimant) or any temporary entry class visa holder who ceases to be a refugee or protection status claimant by virtue of his or her claim or appeal being declined may not, either before or after the expiry of the temporary entry class visa:
apply for a further visa of any class or type while in New Zealand; or
while in New Zealand, request a special direction or make a request for the grant of a visa under A23; or
bring any appeal under section 187 of the Immigration Act 2009 to the Tribunal.”
Essentially, if you make a refugee or protected person claim and it is declined, you may be able to appeal this decision but you cannot make any other visa applications while you are in New Zealand. If you withdraw your claim before a decision is made other options remain open.
An example: Mr Qi comes from China. A few months ago he began dating Miss Young, a New Zealand citizen. He believes he would be at risk of persecution if he were to return home. As such, he files a claim for refugee or protected person status. The Refugee and Protection Officer (RPO) finds that there is no real risk of harm, so his claim is denied. At this point Mr Qi has been with Miss Young for more than 12 months in a genuine and stable relationship. He would like to apply for a partnership visa. Unfortunately, because of his refugee and protected person claim being denied, he cannot apply for a partnership visa while he is still here. Mr Qi can return home to China and then apply, or he could appeal the decision on his refugee and protected person status at the Tribunal. If Mr Qi had withdrawn his refugee and protected person claim before the RPO had made a decision, he would have been able to apply for a partnership visa.
Our immigration lawyers specialise in refugee matters. Please contact one of our lawyers for advice.
