New Zealand provides protection to people fleeing persecution through its refugee and asylum system. Understanding how this system works helps those seeking safety and those supporting them navigate the process and access available support.
Understanding Refugee and Asylum Status
What Is a Refugee?
Under international law:
Persecution: Fleeing persecution in their home country.
Five Grounds: Race, religion, nationality, political opinion, or social group.
Unable to Return: Cannot safely return home.
International Protection: Entitled to protection under Refugee Convention.
Asylum vs Refugee Status
Asylum Seeker: Someone who has applied for protection but hasn't yet received decision.
Refugee: Someone whose protection claim has been approved.
Protected Person: Other protected status categories.
Different Terms: Often used interchangeably but have legal differences.
New Zealand's Commitments
Convention Signatory: NZ is signatory to Refugee Convention.
Quota Programme: Accepts refugees through UNHCR programme.
Onshore Protection: Processes claims made within NZ.
Family Reunification: Allows some family reunion.
Pathways to NZ
Quota Refugees
UNHCR Referral: Selected through UN refugee agency.
Offshore Processing: Processed before arrival.
Annual Quota: NZ accepts specified number annually.
Resettlement Support: Receive settlement support on arrival.
Onshore Claims
Applied in NZ: Claims made after arriving in New Zealand.
Various Circumstances: May arrive on other visas then claim.
Full Assessment: Claims assessed by Immigration NZ.
Appeals Available: Can appeal to Immigration and Protection Tribunal.
Family Reunification
Sponsor Family: Refugees may sponsor family members.
Eligibility Requirements: Specific requirements apply.
Limited Categories: Not all family eligible.
Waiting Periods: May be waiting periods.
Claiming Protection in NZ
Who Can Claim
Anyone in NZ: Protection claims can be made by anyone in NZ.
Any Visa Status: Regardless of current visa status.
Including Overstayers: Even those unlawfully in NZ.
Children: Special provisions for children.
The Process
Initial Claim: Submit protection claim to Immigration NZ.
Documentation: Provide available documentation.
Interview: Interviewed about claim.
Assessment: INZ assesses claim.
Decision: Approve or decline protection.
If Approved
Protected Status: Granted protected person status.
Residence: Can apply for residence.
Work Rights: Able to work.
Public Services: Access to public services.
Path Forward: Permanent settlement in NZ.
If Declined
Appeal Rights: Can appeal to Immigration and Protection Tribunal.
Appeal Process: Independent assessment.
Judicial Review: Further review may be possible.
Removal: If all options exhausted, may face removal.
Support for Refugees and Asylum Seekers
Settlement Support
Refugee Services: Organizations providing practical support.
Orientation: Help understanding NZ.
Language: English language support.
Employment: Help finding work.
Housing: Accommodation assistance.
Education: Educational support.
Financial Support
Work and Income: May be eligible for benefits.
Emergency Support: Emergency assistance available.
Community Funds: Some grants available.
Needs Assessment: Support based on needs.
Legal Support
Community Law Centres: Free legal advice.
Legal Aid: May be available for proceedings.
Immigration Advisers: Some provide pro-bono assistance.
Refugee Organizations: Specialized legal support.
Health and Wellbeing
Healthcare Access: Access to public health services.
Mental Health: Specialized refugee mental health services.
Trauma Support: Trauma-informed care.
Cultural Support: Culturally appropriate services.
Support Organizations
Government Services
Immigration NZ: Processes claims.
Refugee Quota Branch: Manages quota programme.
Work and Income: Financial support.
Ministry of Health: Health services coordination.
NGO Support
Refugee Services Aotearoa: Major settlement support provider.
Red Cross: Various support services.
Amnesty International: Advocacy and support.
ChangeMakers Refugee Forum: Refugee-led advocacy.
Local Settlement Organizations: Regional support.
Community Support
Ethnic Communities: Support from own communities.
Faith Communities: Religious community support.
Community Volunteers: Volunteer support programmes.
Former Refugees: Peer support networks.
Challenges and Rights
Rights of Asylum Seekers
Right to Claim: Right to make protection claim.
Right to Assessment: Fair assessment of claim.
Non-Refoulement: Cannot be returned to danger.
Access to Support: Basic support while claiming.
Appeal Rights: Right to appeal decisions.
Common Challenges
Processing Times: Claims can take considerable time.
Work Limitations: May have limited work rights during processing.
Housing: Finding accommodation can be difficult.
Isolation: Social isolation common.
Trauma: Managing trauma while claiming.
Uncertainty: Living with uncertainty.
Prohibited Actions
Detention: Immigration detention provisions exist.
Removal During Claim: Generally cannot be removed during claim.
Discrimination: Protection against discrimination.
For Those Supporting Refugees
How to Help
Volunteer: Volunteer with settlement organizations.
Donate: Financial donations to support organizations.
Sponsor: Some sponsorship programmes exist.
Welcome: Welcome new arrivals in your community.
Advocate: Support refugee-positive policies.
Understanding Trauma
Trauma Awareness: Understand refugee trauma.
Patience: Be patient with adjustment.
Respect: Respect experiences and culture.
Boundaries: Respect personal boundaries.
Professional Support: Encourage professional support when needed.
Frequently Asked Questions
Can I claim asylum if I'm in NZ on a tourist visa?
Yes, protection claims can be made regardless of visa status. You should seek legal advice before making a claim to understand the process.
How long does claiming protection take?
Processing times vary significantly—from months to years depending on complexity and caseload. This uncertainty is one of the most challenging aspects.
Can I work while my claim is being processed?
Work rights during processing vary. Some asylum seekers receive interim work permits; others face restrictions. Check your specific situation.
What if my claim is declined?
You have appeal rights to the Immigration and Protection Tribunal. Get legal advice about appeal options and what happens next.
How can I help refugee family members come to NZ?
Refugees may be able to sponsor some family members through family reunification. Requirements are specific and places are limited. Get advice on eligibility.
Need support with protection claims or refugee settlement? Find organizations and advisers who can help.