Newzealand Refugee

Introduction to Refugees and Their Types

A refugee is someone forced to leave their home country due to a well-founded fear of persecution or harm. This persecution may stem from reasons such as race, religion, nationality, political opinion, or membership in a specific social group. Recognized under international law, refugees are people who cannot return safely to their country of origin and seek protection in a different nation. The 1951 United Nations Refugee Convention, along with its 1967 Protocol, defines the rights of refugees and the obligations of the countries that offer them asylum.

Convention Refugees: These are individuals who meet the definition outlined in the 1951 UN Refugee Convention. They have fled their country due to a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a specific social group. Canada uses this definition to assess eligibility.

Types of Refugee's In New zealand

Persons in Need of Protection: In New zealand, a person who may not strictly meet the criteria of a “refugee” but still faces severe risks upon return to their home country (e.g., torture, risk to life) may qualify as a person in need of protection.

Internally Displaced Persons (IDPs): Unlike refugees, IDPs have not crossed an international border but are forced to flee their homes due to conflict, persecution, or natural disaster. They remain under the jurisdiction of their country, lacking the same international protections as refugees.

Who is eligible

To qualify as a refugee in New Zealand, applicants must demonstrate a well-founded fear of persecution in their home country due to:

Race, religion, nationality, political opinion, or membership in a particular social group (e.g., gender or LGBTQ+ identity).

There are two main pathways to claim asylum:

Quota Refugee Program (Offshore): Managed in partnership with UNHCR, accepting refugees from outside New Zealand.
Asylum Seeker Program (Onshore): Individuals already in New Zealand, whether at an airport or within the country, can claim asylum.

Some restrictions apply based on applicants' previous refugee claims in other countries, visa overstay, or criminal history.

Time to get decision

Processing times for refugee claims in New Zealand vary based on case complexity and demand:

Onshore Asylum Claims: Decisions generally take between 6 and 12 months. However, for complex cases or appeals, it can extend beyond a year.
Quota Refugee Program: Cases processed offshore through UNHCR are typically longer due to background checks and coordination, averaging 12-18 months.

Cost

Applying for asylum in New Zealand does not require a government fee. However, applicants often require legal assistance, which can vary in cost. Pathvisas partners with experienced legal professionals in New Zealand who offer fair rates and dedicated support to help clients navigate the application and appeals process effectively.

Successful claimants are granted protected person status, enabling them to live and work in New Zealand. After three years as a protected person, individuals may apply for permanent residence, allowing them to live in New Zealand indefinitely. Refugees with permanent residency also have the option to apply for New Zealand citizenship after meeting residency and other requirements.

In Case of Approval

Refugee claimants should avoid travel back to their home country, as it may imply they no longer fear persecution. Such travel could affect their protected status and any future applications for residence or citizenship in New Zealand.

Restrictions

Benefits

While awaiting a decision, refugee claimants in New Zealand can access a variety of benefits:

Financial Support: Asylum seekers may qualify for emergency benefits through the Work and Income New Zealand (WINZ) program, especially if they do not have work authorization.
Healthcare: Asylum seekers have access to essential healthcare services through New Zealand’s public healthcare system.
Work Rights: Certain claimants are eligible for work visas, allowing them to support themselves during the application process.
Education: School-age children of asylum seekers are entitled to attend public schools free of charge.

Upon approval, refugees receive more comprehensive benefits, including expanded work rights, social welfare access, and healthcare.

How Pathvisas Can Help

Pathvisas provides comprehensive assistance for each stage of New Zealand’s refugee claim process, including:

Eligibility Assessment: Determining the client’s eligibility based on New Zealand immigration laws and policies.
Document Support: Assisting in gathering, translating, and preparing documentation for submission.
Legal Representation: Connecting clients with experienced legal professionals who represent them in hearings, interviews, and appeals.
Post-Decision Support: Offering guidance for denied claims, including appeal processes and judicial reviews if necessary.

With a deep understanding of New Zealand’s immigration policies, Pathvisas ensures that clients receive expert guidance tailored to their unique circumstances, improving their chances of a positive outcome.

Decision

Approval:

Successful applicants receive protected status, which includes rights to reside, work, and access social services.

Refusal:

In the event of a refusal, applicants may:
Appeal to the Immigration and Protection Tribunal (IPT) within 42 days of the decision.
Judicial Review: If the appeal is unsuccessful, claimants can apply for judicial review by a New Zealand court, especially if procedural fairness is in question.
If no new grounds arise or options are exhausted, unsuccessful claimants may face removal from New Zealand.

In Case of Refusal

If a refugee claim is refused, applicants have several options to pursue further actions:
Appeal to the Immigration and Protection Tribunal (IPT): This appeal must be lodged within 20 working days. The IPT reviews all aspects of the case, and legal representation can improve chances of a successful outcome.
Judicial Review: If the IPT appeal is unsuccessful, claimants may seek a Judicial Review by the High Court to examine procedural aspects.
Ministerial Discretion: In unique cases, claimants may request special consideration by the Minister of Immigration, though approvals are rare.
Pathvisas supports clients through each of these appeal processes, providing expert guidance on documentation and case preparation.

Step 1: Claim Submission (1-2 weeks)

Refugee claims can be initiated by applying with the RSB or declaring asylum at a New Zealand port of entry. The initial claim submission requires basic information and any available supporting documents.

The RSB reviews the claim and conducts background checks. During this stage, claimants may need to submit additional evidence or attend interviews to verify their eligibility for protection.

Approval: If approved, the applicant is granted refugee status and a pathway toward residence.
Refusal: In the case of refusal, applicants have 20 working days to appeal the decision with the Immigration and Protection Tribunal (IPT).

Step 2: Initial Screening and Documentation (1-3 months)

Step 4: Decision

Step 3: Refugee Status Interview (3-6 months)

Applicants undergo a detailed interview with an RSB case officer, where they are encouraged to provide thorough evidence and documentation of their persecution claims. Legal representation is allowed and recommended for this step.