C7.1 Claims for refugee or protection status by minors

C7.1.1 Definition of a 'minor'

See also Immigration Act 2009 s 375

A minor is a child who is not married or in a civil union and is under 18 years of age.

C7.1.5 Nomination of responsible adult

See also Immigration Act 2009 s 375

1. If one or more of the minor's parents are also seeking refugee or protection status in New Zealand or are appealing against a decision of a refugee and protection officer to the Tribunal, that parent:
   1. must represent the minor's interests; and
   2. is the responsible adult for the minor.
2. If a minor who is seeking refugee or protection status does not have a responsible adult to represent their interests, a refugee and protection officer must take steps to ensure that a responsible adult is nominated in accordance with section 375 of the Immigration Act 2009, including making the nomination, if necessary.
3. A person may be nominated as a responsible adult only if:
   1. the person is 20 or more years of age; and
   2. except in the case of a parent or guardian of the minor, the person is a New Zealand citizen or a resident or permanent resident; and
   3. the person is any of the following:
      • a parent, guardian or relative of the minor; or
      • a person suggested by the minor; or
      • any other person having responsibility for the minor or who is otherwise suitable to represent the minor's interests; or
      • if no other suitable person is available, a person designated by the chief executive of the Department responsible for the administration of the Children, Young Persons, and Their Families Act 1989; and
   4. (except in the case of a parent or guardian of the minor) the person agrees in writing to be nominated as a responsible adult.
4. Should the need arise, and after such consultation as is reasonable in the circumstances, a substitute responsible adult may be nominated in accordance with C7.1.5.
5. A responsible adult who is representing the interests of the minor in any refugee or protection status claim must supply a refugee and protection officer with an address in New Zealand at which they may be notified of any matter concerning the minor.

C7.1.10 Roles and rights of responsible adult

See also Immigration Act 2009 ss 194, 195, 245, 247, 375, 376

1. The role of a responsible adult relates to those matters or proceedings for which the nomination was made.
2. The role of responsible adult finishes when the minor leaves New Zealand, the matter or proceedings concerned are completed or when the minor turns 18 or marries or enters a civil union.
3. The responsible adult may appeal to the Tribunal or High Court on the minor's behalf, make submissions to the Tribunal, and bring review proceedings in the High Court.
4. To the extent practicable given the level of maturity and understanding of the minor, the responsible adult must try to find out the views of the minor and make them known on behalf of the minor, where appropriate.
5. Any document that must served on or notified to the minor must instead be served on or notified to the responsible adult, and such service or notification is deemed to be service on or notification to the minor.

C7.1.15 Views of minor to be considered

See also Immigration Act 2009 s 377

1. In any claim by the minor to be recognised as a refugee or protected person, as far as practicable, the minor must be given an opportunity to express their views on the matter, whether personally or through a responsible adult.
2. The refugee and protection officer must give due weight to those views, taking into account the minor's age and level of maturity and understanding.

Effective 29/11/2010