E8.5 Temporary visas and permits for refugee status claimants (26/07/1999)

The requirements for lodging temporary visa or permit applications are different if the applicant is a person who is also claiming refugee status in New Zealand. A person who meets these requirements may be granted a temporary permit.

E8.5.1 General requirements

1. A refugee status claimant who holds a current temporary permit may submit an application for a temporary visa or permit at any NZIS office in New Zealand.
2. Applications must be made on the approved application form and submitted together with the applicant's travel document (if available) and a passport-sized photograph.
3. Such applicants do not have to pay a fee provided they apply while their refugee claim (or appeal) is being determined.
4. The applicant must ensure that they submit each application before any existing permit expires (see E2.10).
5. Normally, claimants for refugee status will be granted visitor permits (see V3.90). For information on when work permits or student permits may be granted see W3.130 and U10.10 respectively.

E8.5.5 Conditions of temporary permits granted to refugee status claimants

Each time a temporary permit is granted to a refugee status claimant, they must be advised in writing that their permit is subject to the following conditions:

1. at all times the NZIS informed of any change of residential address; and
2. that their temporary permit may be revoked, if:
   1. their claim for refugee status is declined, and they fail to appeal, or have appealed unsuccessfully, to the Refugee Status Appeals Authority, or
   2. they withdraw their claim, or
   3. they fail to attend a scheduled interview, or
   4. they fail to comply with E8.5.5(a) above.

E8.5.10 Granting temporary permits at the border

1. If a person at the border indicates an intention to claim refugee status and they complete an application form for refugee status, a visitor's permit current for 6 months from the date of arrival may be granted in all cases, unless the individual is a person to whom section 7 of the Immigration Act 1987 applies (see A5.35).
2. Appropriately delegated officers may give special directions to waive the following requirements that usually apply to persons arriving in New Zealand:
   1. the requirement to hold a temporary visa (section 14D(1) of the Immigration Act 1987), and
   2. the requirements arising under section 126(1) of the Immigration Act 1987.
3. The fact that a claimant entered New Zealand on a false passport does not mean that they should not be granted a temporary permit.
4. If the claimant entered New Zealand on their own genuine passport, the visitor's permit should be endorsed in that passport.
5. If the claimant entered New Zealand on a false passport, the visitor's permit should be endorsed in a NZIS certificate of identity form (see A2.20.5), and the NZIS should retain the false passport.
6. If the claimant entered New Zealand without a travel document, the visitor's permit should also be endorsed in a NZIS certificate of identity form (see A2.20.5).
7. If the application form for refugee status has not been completed at the border, a visitor's permit current for one month from the date of arrival may be granted and the refugee claimant should be told that:
   1. an application for a further temporary permit will only be considered after they have made a formal claim for refugee status, and
   2. they should submit any application for a further temporary permit at a NZIS office in New Zealand before the existing permit expires.

E8.5.15 Applications for further temporary permits

1. To be eligible for the grant of a further temporary permit, claimants for/with refugee status must:
   1. be in New Zealand, and
   2. submit their application before their existing permit expires.
2. If a refugee case has been allocated to a refugee status officer, and the case has been scheduled for an interview, an 8-month permit will in most cases be sufficient.
3. If a refugee case is not allocated, further temporary permits may be granted, current for up to 20 months from the date the application for refugee status was submitted, but permits current for beyond 20 months may be granted to first-time claimants to cover the time taken to determine their application for refugee status and any appeal to the RSAA.
4. The immigration officer should decide for how long beyond 20 months a permit should be current, based on an estimate of the time required to finalise the application for refugee status, and if necessary, an officer with schedule 1 delegations must issue a special direction to authorise granting such a permit (see E7.25).
5. Claimants for/with refugee status must apply for temporary permits in the prescribed manner (see E4.55), but when the applications are submitted, appropriately delegated immigration officers may waive, by special direction, any requirements specified for each type of permit.
6. Further permits will not normally be granted to those who make subsequent claims, but in each case applications will be considered to see whether the particular circumstances warrant granting a permit (see C2.10).

E8.5.20 Temporary visas for refugee status claimants

Before their application for refugee status is decided, applicants for refugee status will not normally be issued with a temporary visa, because New Zealand's obligations to refugee applicants cease upon their departure.

E8.5.25 Situation of refugee status claimants in New Zealand unlawfully

1. A person unlawfully in New Zealand is not able to formally apply for a temporary permit, but may be eligible to be considered for a temporary permit under section 35A of the Immigration Act 1987 (see E8.1).
2. Before seeking approval to grant a permit under section 35A, an immigration officer must first:
   1. establish the reasons why the claimant's original permit expired, and
   2. obtain supporting evidence confirming the claimant's circumstances; eg, a medical certificate.
3. If the refugee status claimant and spouse or de facto partner and dependent children* are in New Zealand unlawfully, removal orders may be served on them (see Compliance).
4. No action will be taken to carry out such removal orders until the application for refugee status and any appeal to the RSAA have been finally determined against the person.

E8.5.30 Renewal of temporary permits for RSAA appellants

Once the claimant has made an appeal to the RSAA (see C4.20.1), they are eligible to apply for further temporary permits until the final outcome of the appeal. Immigration officers may grant a temporary permit in such cases to cover the period it is likely to take to determine the appeal.

Effective 26/07/1999