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http://www.unhcr.org/refworld/country,,,,SMR,,4885cf942,0.html
http://www.unhcr.org/refworld/docid/4885cf942.html
Protection of Refugees
The law does not provide for the granting of asylum or refugee status in accordance with the 1951 UN Convention relating to the Status of Refugees and its 1967 protocol, and the government has not established a system for providing protection to refugees. The government did not grant refugee status or asylum; however, it has from time to time cooperated with UNHCR and other organizations in assisting refugees «for humanitarian reasons.» The most recent example was in July 2006, when the government, for humanitarian reasons and on a temporary basis, accepted five Eritrean immigrants who were part of a group saved from a ship adrift in the Mediterranean Sea.
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
orNew 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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