What is the process for filing a claim for refugee and protected person status in New Zealand?
The process for filing a claim for refugee protection in New Zealand involves several key steps and evidence requirements, governed primarily by the Immigration Act 2009 and associated regulations.
Initiation of a Claim: A claim begins when a person signifies their intention to seek recognition as a refugee or protected person to a representative of the Department of Immigration (Refugee Branch (RSU)).
Formal Confirmation: The claimant must confirm their claim in writing if requested, using a form approved by the chief executive. This form must be completed in English, signed by the claimant, and lodged with a refugee and protection officer.
Required Information and Evidence: The claimant must provide:
Current residential and contact addresses
Details of any legal representation
Evidence of identity (including a recent photograph and any documents showing aliases or different spellings of their name)
Evidence of country of origin
All evidence supporting their claim for refugee or protected person status
Legal Assessment: The refugee and protection officer will determine, in sequential order:
Whether to recognize the claimant as a refugee under section 129 (based on the Refugee Convention)
If not, whether to recognize them as a protected person under section 130
If not, whether to recognize them as a protected person under section 131
Burden of Proof: The claimant bears the responsibility to establish their claim, though the "benefit of the doubt" principle which acknowledges the inherent difficulties refugees face in providing comprehensive evidence.
Appeal Process: If a claim is declined, the claimant may appeal to the Immigration and Protection Tribunal by submitting a notice of appeal in the approved form, completed in English, signed, and accompanied by any prescribed fee (if any).
Subsequent Claims: For a subsequent claim to be considered, there must be a significant change in circumstances material to the claim since the previous determination, and this change must not have been brought about by the claimant acting in bad faith.
The refugee protection process in New Zealand reflects the country's commitment to its international obligations under the Refugee Convention and Protocol while maintaining a structured system to assess claims fairly. The process acknowledges both the responsibility of claimants to substantiate their claims and the unique challenges they face in doing so.
You should contact one of Young Hunter’s experienced refugee lawyers as soon as possible. Our lawyers can help you understand your rights and guide you through the refugee appeal process.
Please contact the team below:
Simon Graham’s profile – https://www.younghunter.co.nz/our-team/simon-graham
Email: sgg@younghunter.co.nz
Austin Lange’s profile - https://www.younghunter.co.nz/our-team/austin-lange
Email: axl@younghunter.co.nz
