Claiming asylum in New Zealand
How to make a claim for refugee or protection status if you are in New Zealand.
Our obligations
New Zealand has an obligation under international law to protect people from other countries who face danger if they return there. If you fear returning to your own country, you can ask New Zealand to recognise you as a refugee or protected person. This is also called claiming asylum. People who lodge a claim for refugee or protection status in New Zealand are known as refugee and protection claimants.
New Zealand has signed an international convention that supports the right of people to claim asylum. New Zealand is a signatory to the:
- 1951 Convention Relating to the Status of Refugees
- 1984 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
- 1966 International Covenant on Civil and Political Rights.
Refugees and protected persons
Refugee and protected person status is a legal status under New Zealand law. Refugees are people who meet the definition of a refugee in the 1951 Convention Relating to the Status of Refugees (as amended by the 1967 Protocol).
Refugee
A refugee is a person who:
- is outside of their home country or country of habitual residence.
- faces a real chance of being harmed if returned to that country.
- the harm faced is a sustained or systemic breach of a fundamental human right.
- the harm faced is for reasons of who the person is, or what they believe. The reasons may be race (or ethnicity), religion, political opinion, nationality or membership of a particular social group (such as family status, gender, or sexual orientation or identity).
- needs and deserves protection in New Zealand.
Protected person
A protected person is a person:
- whose deportation from New Zealand would violate the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment 1984 (Convention against Torture) and/or the International Covenant on Civil and Political Rights 1966 (ICCPR).
- who has substantial grounds for believing they would be in danger of torture, arbitrary deprivation of life or cruel treatment if deported from New Zealand.
Cruel treatment is defined in the Act as cruel, inhuman or degrading treatment or punishment. If a person can get effective protection from the authorities of their country or a third country, New Zealand is not obliged to protect them.
It is important your claim is genuine
The purpose of an asylum claim is to protect people who have a well-founded fear of being persecuted in their home country. It is not a way to extend a stay in New Zealand or access work rights or other services.
Non-genuine claims for refugee and protection status slow down processing for everyone.
Immigration New Zealand monitors claim patterns and numbers closely and is alert to potential abuses of the system.
Your claim must meet our requirements
To be recognised as a refugee or protected person you must have a well-founded fear of returning to your home country. The bar to meet this requirement is high and we will carefully assess your situation to make sure you meet it. Currently only around one fifth of refugee and protection claims made with us are successful.
If you do not meet our requirements your claim is likely to be declined.
What happens if your claim is declined
If you do not meet the requirements for refugee and protection status your claim will be declined.
If your claim for asylum is finally declined:
- you cannot apply for further New Zealand visas
- you may be deported, and
- if you are deported, this may affect your ability to get visas for other countries.
If you are unsure if you have a valid claim for refugee or protection status you can seek advice from a lawyer or a licensed immigration advisor. You can also speak to us about other options you may have to stay in New Zealand.
If you have already been recognised by us as a refugee or protected person and we later find out that your claim was false, your status may be cancelled. You may also become liable for deportation. In some cases, you may even be prosecuted in court for the false claim.
Getting help with a claim
You can hire a lawyer or Licensed Immigration Adviser to help you with your claim. Your immigration adviser must have a licence or be a practicing lawyer.
Immigration advice for your visa application
If you cannot afford a lawyer, you may be able to get financial help. You can contact the Legal Aid Service or discuss this with your lawyer.
Get legal aid — Ministry of Justice
How to make a claim
You can claim refugee or protection status in person or in writing.
You can make your claim with:
- a New Zealand police officer, or
- a representative of the Ministry of Business, Innovation and Employment, such as an immigration officer, or a refugee and protection officer (RPO).
Your claim must also be confirmed in writing by completing a Confirmation of Claim form.
There are 6 steps to the claim process:
- Complete a Confirmation of Claim form.
- Submit a written statement.
- Attend an interview with an RPO.
- Receive a report about your claim.
- Make final submissions in support of your claim.
- Receive the decision.
The Refugee Status Unit (RSU) will assign your claim to an RPO for processing.
We will not deport anyone while their claim is being processed. You may be liable for deportation if your claim is finally declined.
Claim form
Anyone in New Zealand who wants to make a claim must complete a Confirmation of Claim form.
Confirmation of Claim to Refugee and Protection Status in New Zealand (INZ 1071) PDF 702KB
Confirmation of Claim to Refugee and Protection Status Guide (INZ 1361) PDF 352KB
When you give the completed form to an RPO you must also give them evidence of your identity and nationality, such as your passport.
Written Statement
After you submit your Confirmation of Claim form, you must send us a written statement and supporting information regarding your claim. Use our guide to help you make your written statement.
Refugee and Protection Status Claim Written Statement Guidelines (1362) PDF 236KB
Where to send your claim form and written statement
You can send your claim form to:
Refugee Status Unit
PO Box 90533
Victoria Street
Auckland 1142
Or drop it off in person to:
Refugee Status Unit
162 Victoria Street West
Auckland
Opening hours: 08:30 to 16:00 (NZT), Monday to Friday.
You can also phone or email the RSU.
Phone: +64 9 928 2236
Email: rsu@mbie.govt.nz
Medical examinations and chest x-rays
You must get a chest X-ray if you are a refugee or protection claimant applying for a temporary visa. This is to ensure all claimants, their partners and dependent children have been tested for tuberculosis.
You do not need to have a medical examination.
Getting an X-ray or medical examination
Many people in this situation cannot afford these tests, so we will pay the costs of chest X-rays for:
- refugee and protection claimants who apply for a temporary visa who have not had an X-ray in the last 36 months.
- their partner and dependent children as long as they were in New Zealand when their family member made a refugee and protection claim — we will pay their costs even if they have not made a claim.
When a person first makes a claim we will give them information about how to get a funded chest X-ray. We will also reimburse any claimant who paid for a medical examination or chest x-ray on or after 1 October 2019.
We are not able to pay for chest x-rays or medical examinations for successful claimants who apply for residence.
Refunds for medical examinations and chest X-rays
To apply for a refund:
- Complete the refund request form and gather together your supporting information.
Customer Refund Request Form PDF 499KB - Send us your refund request and supporting information.
Your refund request can either be:
- dropped off at the Manukau, Auckland drop box:
New Zealand drop box - posted by courier to this address:
Immigration New Zealand
DX Box: EP71514
20 Fairfax Avenue
Penrose
Auckland 1061
How long it takes to process a claim
The current timeframe from when you submit a claim to when it is allocated to an RPO may be up to 6 to 9 months.
This timeframe is valid for 6 months from 1 June 2024.
Once the claim is allocated to an RPO for assessment, the RSU will contact you to arrange an interview and the timeframes set out in the Guide – Claiming Refugee and Protection Status in New Zealand will begin.
Refugee and Protection Claim Process Map and Timeline PDF 147KB
Refugee and Protection Claim Process Map and Timeline — Detainee PDF 129KB
We will advise of any future changes to timeframes. Different timeframes may apply to some cases. We will always contact you to inform you of the date and time of your interview, and any other details you may need to know.
The claim of a person subject to any restrictions of liberty under the Immigration Act 2009 is subject to expedited timeframes, however, these can be opted out of. If you wish to opt out of the expedited timeframes, use the form below.
Request to opt out of expedited Refugee Status Unit timeframes PDF 246KB
Withdrawing a claim
At any stage of the claim process, you are free to leave New Zealand voluntarily. If you leave while your claim is being processed, your claim is deemed to have been withdrawn. You may also withdraw your claim at any stage of the process by advising us in writing of the reasons for your withdrawal. You can use the 'Withdrawal of a refugee and protections claim' form to do this.
Withdrawal of refugee and protection claim form PDF 425KB
Guides and other resources
Check our Guides and resources for asylum seekers page for more guidance on making a claim, procedural guides and to learn what support services are available for asylum seekers.