Part 4: Claiming asylum in New Zealand – the process
In our previous instalments we discussed the basics of claiming asylum – https://www.dslaw.nz/news/whatisrefugeestatusnz – what you need to prove to be recognised as a refugee – https://www.dslaw.nz/news/asylum-claim-nz – or protected person in New Zealand – https://www.dslaw.nz/news/asylum-protectedpersons. Here, we provide a process map that sets out the actual process you will go through if you claim asylum in New Zealand.
Claims for asylum are first considered by the Refugee Status Unit (RSU) [formally known as Refugee Status branch – RSB], which is a unit that sits within Immigration New Zealand. We include below the process map at RSU and if you claim is unsuccessful when you appeal to the Immigration and Protection Tribunal. We, however, recommend that your first step should be to find a lawyer experienced in asylum matters to assist you. If you are unable to pay for a lawyer, you may be able to get legal aid to pay for one. Both Pooja and Stewart are approved legal aid lawyers for asylum matters.
The above process map ends with the decision of the Immigration and Protection Tribunal. However, in most case, the Tribunal will then consider any humanitarian appeal against deportation filed. In certain cases that is not the end, and an appeal and/or judicial review to the High Court may be the appropriate course of action.
If you are recognised as a refugee or protected person by the RSU, you can apply for permanent residence and include your partner and dependent children in that application if you have any.
In our next instalment we will discuss the appeals process if you are not recognised as a refugee in New Zealand.
