2014-Dec 12: Applications from failed refugee claimants

Visa Pak 192: Information to staff about applications received from those who have a failed refugee claim and how to deal with any further visa applications after this.

Visa Paks

12 December 2014

Applications from failed refugee claimants

If a person falls under section 150(2) of the Immigration Act 2009 (i.e. they are a “failed refugee claimant”) the application must be “returned failed lodgement” as they do not have the right to apply for any type of visa.

Section 150 Special provision relating to claimants granted temporary visas states:

  1. This section applies to any person who—
    a.   is a claimant to whom a temporary entry class visa has been granted, whether before or after the person became a claimant; or
    b.   having been a person to whom paragraph (a) applies, ceases to be a claimant by virtue of his or her claim being declined.
  2. A person to whom this section applies may not, either before or after the expiry of the temporary entry class visa,—
    a.   apply for a further visa of any class or type while in New Zealand; or
    b.   while in New Zealand, request a special direction or make a request for the grant of a visa under section 61; or
    c.   bring any appeal under section 187 to the Tribunal.
  3. Despite subsection (2)(a), a claimant may apply for a further temporary visa for such period as may be required for the claimant to be lawfully in New Zealand while his or her claim is determined.
  4. Nothing in this section prevents a person from bringing an appeal to the Tribunal under section 206.
  5. This section ceases to apply to a person if and when—
    a.   the person is recognised as a refugee or a protected person; or
    b.   the person leaves New Zealand; or
    c.   the person is granted a visa (other than a temporary visa granted under the exception referred to in subsection (3)).

It is important that all officers who lodge applications check AMS to ensure that the applicant does not have a failed refugee claim. Applications should not be lodged where the following application types and outcomes are noted in AMS:

  • Refugee & Protection – RSB – Claim – Declined with no Appeal lodged and the statutory time period to lodge the appeal has expired (10 working days, or for claimants in custody 5 working days) ; or
  • Refugee & Protection – RSB – Claim – Declined; and Appeals – IPT – Application to IPT – Appeal or application declined (notes in AMS will also specify "The Tribunal finds the appellant is not a refugee within the meaning of the Refugee Convention, is not a protected person within the meaning of the Convention Against Torture, and is not a protected person within the meaning of the Covenant on Civil and Political Rights. The appeal is dismissed" or something similar)

Note: If a claim or appeal is not yet decided then an application for an asylum work visa may still be lodged.

Action

  • Do not lodge applications from former refugee claimants