Plain language law

New Zealand law explained for everyone

 Plain Language Law homepage
Back to
132: Claims not to be accepted from certain persons
or “Who can't apply for refugee or protected person status”
You could also call this:

“How to apply for refugee or protected person status in New Zealand”

When you want to be recognised as a refugee or protected person in New Zealand, you need to make a claim. You can do this by telling someone from the Department or a police officer that you want to be recognised.

After you make your claim, someone from the Department might ask you to write it down in a special way. You need to do this if they ask.

You should try to give all the important information about your claim to a refugee and protection officer as soon as you can. This includes explaining why you’re asking to be recognised as a refugee or protected person. You should also tell them if there are any other reasons you might need protection.

If you know that someone in your close family who is in New Zealand is also asking to be recognised as a refugee or protected person, you need to tell a refugee and protection officer. If you can, you should say if their claim is for different reasons than yours.

You must give a refugee and protection officer an address where they can contact you and an address where they can send you official papers.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

Next up: 134: Whether to accept claim for consideration

or “Decision on accepting a refugee or protected person claim for consideration”
Next

Part 5 Refugee and protection status determinations
Claims for recognition as refugee or protected person

133How claim made

  1. A claim is made as soon as a person signifies his or her intention to seek recognition as a refugee or a protected person in New Zealand to a representative of the Department or to a constable.

  2. Once a claim is made, the claimant must, on request by a representative of the Department, confirm the claim in writing in the prescribed manner.

  3. A claimant must as soon as possible endeavour to provide to a refugee and protection officer all information relevant to his or her claim, including—

  4. a statement of the grounds for the claim seeking recognition as a refugee or a protected person; and
    1. a statement of any grounds for any other potential claim seeking recognition as a refugee or a protected person.

      1. If a claimant is aware that any member of his or her immediate family who is in New Zealand is seeking recognition as a refugee or a protected person, the claimant must, as soon as possible after making a claim, inform a refugee and protection officer and, if possible, state whether the family member's claim is on different grounds.

      2. A claimant must provide a refugee and protection officer with a contact address and an address for service.

      Compare
      Notes
      • Section 133(5): replaced, on , by section 37 of the Immigration Amendment Act 2015 (2015 No 48).