New
Zealand
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New Zealand Country Information
New
Zealand is a signatory to the 1951 Refugee Convention and
the 1967 Protocol relating to the status of refugees.
Refugee Status Determination is carried out by the Refugee
Status Branch of the New Zealand Immigration Service (NZIS).
The following information has been provided by NZIS.
How do I apply for asylum
in New Zealand? What do I do first?
What happens if my claim is successful?
What happens if my claim is not successful?
What happens if my appeal is not successful?
What happens if I request a judicial review of my appeal decision?
What happens if I decide to lodge a new claim to refugee
status?
Who can help me?
Who can help me with trauma counseling?
How
do I apply for asylum in New Zealand? What do I do first?
You
must first fill out a ‘Confirmation of Claim to
Refugee Status in New Zealand’ form. You can get this
document from:
New Zealand Immigration Service
Telephone: 0508 55 88 55
Fax: +64 4 801 2928
or
New Zealand Immigration Service,
Refugee Status Branch
Telephone: +64 9 914 5999
Fax: +64 9 914 5298
Street Address: 12th floor, 280 Queen Street Auckland
Hours: 8am – 5pm.
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This form is a written confirmation
of your claim to refugee status. The form asks for very
detailed information, and the more information you can give the better.
It asks for two passport sized photographs and travel documents
if applicable. However, you are not obliged to put anything
on it apart from your name, date of birth and signature.
You
must lodge your form with the New Zealand Immigration Service
Refugee Status Branch by post
or in person.
Within a few months after you have lodged
your form you will be notified of an interview time and date
with
a Refugee
Status Officer. This Refugee Status Officer will conduct
an interview with you and make the decision on your claim
to refugee status.
Between the time when you have been notified
of an interview and the time your interview actually occurs,
you will be
invited by the Refugee Status Board to complete a more
detailed written statement outlining the reasons for your claim to
refugee status. This statement will add further detail
to the points you may have already made in your confirmation
of claim form.
If you
have arrived in New Zealand with other members of your family
and you all want to claim refugee
status, you
must each make a claim for refugee status individually,
otherwise you will not have legal status to remain in New Zealand.
Within 10
working days after your interview an interview report will
be typed up and sent to either you or your
legal representative. This report will note any discrepancies in
your claim, and you will have the opportunity to comment
on these. You have 10 working days from the date of your
interview report to comment on it and/or make any further
submissions. However, if your interview was taped, then
the Refugee Status Officer had an obligation to put all prejudicial
information to you in your interview and so an interview
report does not have to be completed.
If you have been
detained, the Refugee Service Board will make a decision
on your case within three months of your
claim being lodged. If you have not been detained, a decision
will be made on your claim within three months of your
interview.
All decisions are checked by a Quality
Assurance Programme Officer.
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What happens
if my claim is successful?
If your claim is successful,
you will be allowed to apply for residence in New Zealand,
unless you contravene
Article
33(2) of the Convention which means that there are reasonable
grounds for the New Zealand government to regard you as
a security risk to New Zealand.
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What happens if my claim is not
successful?
If
your claim has been unsuccessful you may be removed from
the country or you can appeal the decision. To appeal,
you must lodge an appeal with the Refugee Status Appeals Authority
(the RSAA) within 10 working days of being notified of
your decision.
Once your appeal has been lodged you will
be interviewed by the RSAA and a decision will then be made
on your
claim.
If your appeal is successful, you can
then apply for residence in New Zealand as if your initial
claim were successful.
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What happens if my appeal is not successful?
If
your appeal is unsuccessful, you can lodge a new claim to
refugee status or request a judicial review of your
decision. Otherwise, you will be removed from New Zealand.
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What happens
if I request a judicial review of my appeal decision?
If
you request a judicial review of your decision, the judicial
review will decide whether or not you are entitled
to have the RSAA re-hear your case. They will make this decision
by looking at whether the process followed has been
fair.
If the judicial review decides that you
are not entitled to have your case re-heard, you will be
removed from
the country.
If the judicial review decides you may
have your case re-heard, you must again lodge an appeal of
your initial decision
within 10 working days with the RSAA, and that process will start
again.
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What happens
if I decide to lodge a new claim to refugee status?
If
you lodge a new claim with the Refugee Status Board, you
will be assigned a new Refugee Status Officer, who
will decide whether or not to accept your new claim.
If the new Refugee Status
Officer (RSO) decides that your new claim can be accepted
to be lodged, your new claim
will be treated as if it were your initial claim. This means that
you will be interviewed and the whole process will
start all over again.
If the new RSO decides that your new claim
will not be accepted then you will either be removed from
the country or
you can lodge an appeal with the RSAA within 10 working days. Your
appeal will either be heard, as your initial appeal
was, or your application for appeal will be rejected and you
will be removed from the country.
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Who
can help me?
The Auckland Refugee
Council works with asylum seekers and refugees.
They run a small hostel and provide other forms
of social support as well. Their contact details
are as follows:
4 Warnock Street, Grey Lynn
Ph: (09) 3787434
Fax: (09) 3787 434
Email: refugee@ihug.co.nz
The Refugee Council of New Zealand is
a national organisation whose purpose is to provide advice,
information and
assistance to asylum seekers and refugees in New Zealand. They also
do a lot of advocacy work on legal issues. Their
contact details are as follows:
147 Great North Road,
Newton, Auckland,
New Zealand.
Ph: (09) 376 0565
Fax: (09) 376 9388
Office hours:
9 am to 4pm, Mon –Thurs.
9.30 am – 4
pm, Friday.
Refugee Resettlement Support is
an organisation in Christchurch. They provide refugee and
asylum seeker
support services.
Their contact details are as follows:
323 Madras
Street, Christchurch
Ph: 377 0292
Fax: 372 1310
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Who can help
me with trauma counseling?
The Refugees
as Survivors Organisation is
a mental health services organisation which operates at Mangere
Reception
Centre. They are able to provide counseling.
Their contact details are as follows:
Mangere Refugee
Resettlement Centre,
251 Massey Road, Mangere, Auckland.
Ph: (09) 270 0870
Fax: (09) 270 0056
Email: auckrascentre@xtra.co.nz
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Refugee Protection in International Law