2013-Oct 11: Can people claim asylum at any INZ Office or VAC

Visa Pak 132- Clarification about whether people can claim asylum at any INZ Office (onshore) or VAC.

Visa Paks

11 October 2013

Can people claim asylum at any INZ Office or VAC

A couple of visa services offices offshore have been approached from individuals seeking ‘refugee status’ and/or asking how they could claim refugee status in New Zealand. This item contains advice for staff who may find themselves faced with someone trying to claim asylum at any INZ Office or VAC.

Refugee and Protection claims OFFSHORE:

  1. Individuals can not generally* claim refugee or protection status from New Zealand at an offshore INZ Office or New Zealand Embassy or Mission. Claims for refugee or protection status must be made in New Zealand territory. New Zealand territory includes New Zealand’s land and territorial sea. Embassies or missions are not NZ territory.
  2. Immigration Instructions do not include a visa category for persons wishing to travel to New Zealand for the purpose of making a claim to refugee or protection status.
  3. Asylum seekers presenting at an INZ office offshore should be referred to the competent agency who undertakes refugee status determination (RSD) in the country concerned, or the United Nations High Commissioner for Refugees (UNHCR) office if it undertakes RSD in that country.
       i. A list of the UNHCR offices worldwide can be found on the UNHCR website.
       ii. INZ does not though have a list of “competent authorities” who undertake RSD in other countries. Where this is done by the host state (and not UNHCR), it could be undertaken by immigration/border/police or other government agencies (offshore offices should obtain this information from the host state themselves).
  4. Should INZ staff require further information or advice about Refugee or Protection claims either off- or on-shore please contact the Office Manager at the Refugee Status Branch (RSB).

* Generally means that there are situations where New Zealand has effective jurisdiction, and consequent obligations under international law, in places other than New Zealand territory. These situations are far out of the ordinary such as a military occupation by New Zealand of a foreign territory. In such a situation, an off-shore office should seek advice from Operations Support if it receives request for asylum.

Refugee and Protection claims ONSHORE:

  1. Public information about the RSB and the process for claiming refugee or protection status in New Zealand is located at on the refugee and protection pages on the INZ website.
  2. The RSB decides claims to refugee status and to protection from return to their home country to face a risk of torture, cruel, inhuman or degrading treatment.
  3. Refugee and protection status claims are decided by refugee and protection officers (RPOs) in accordance with the Immigration Act 2009, which codifies New Zealand’s immigration-related obligations under the 1951 Convention relating to the Status of Refugees, and the related 1967 protocol, and also the 1984 Convention Against Torture and 1966 Covenant on Civil and Political Rights.
  4. Refugee and protection status claims may be made in person or in writing by a person in New Zealand. Claims may be made by signalling an intention to claim to an immigration officer, an RPO, a customs officer or a police constable. Claims must be confirmed in writing by completing the Confirmation of Claim (INZ1071).

 

Refugee Quota Programme:

  1. The New Zealand Government has a Refugee Quota Programme under which annually 750 refugees (plus or minus 10 per cent) are resettled in New Zealand.
  2. The Refugee Quota Branch (RQB) is responsible for its implementation and also assesses sponsor eligibility under the Refugee Family Support Category (RFSC). Public information about the Refugee Quota Programme and the RFSC can be located on the refugee and protection pages on the INZ website.
  3. Apart from the declared immediate family of former quota refugees resident in New Zealand refugees, in order for an individual to qualify for resettlement under New Zealand’s Refugee Quota Programme, they must have legal recognition as a refugee under the 1951 Refugee Convention, and the UNCHR must refer their case to Immigration New Zealand (INZ). Following a referral from the UNCHR, the case will be considered against immigration criteria set by the Government of New Zealand and New Zealand’s Refugee Quota Programme.
  4. It is entirely the decision of the UNHCR whether resettlement is the best option for a refugee, and whether their case will be referred to a safe country. New Zealand is not in a position to request particular cases, nor advocate with the UNHCR on behalf of individual refugees.
  5. The UNHCR office in Canberra is responsible for dealing with enquiries involving New Zealand. Their contact details are:
    14 Kendall Lane
    New Acton
    ACT   2601
    Australia
    Telephone: +61 (0)2 6281 9100
    FAX: +61 (0)2 6247 2933
    Email:  AULCA@unhcr.org
  6. Should INZ staff require further information or advice about the Refugee Quota Programme or RFSC please contact Qemajl Murati or Antoinette Tanguay at RQB.

Action:

  • Please advise all offshore staff that people cannot seek refugee status offshore at an INZ office. If INZ staff are approached by individuals seeking to claim asylum offshore they should refer individuals to UNHCR, or contact the RSB for further information.
  • On the rare occasion where an offshore office may need to provide a visa for someone to travel to NZ, or provide some form of assistance for refugee protection, this should be escalated to the Area Manager who should contact RSB and also seek advice from National Office.

Please ensure all onshore officers are familiar with the different streams of refugees and asylum seekers and how claims are handled onshore.