E8.5 Temporary visas and permits for refugee status claimants

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 the requirements in E8.5.1 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 further temporary 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 (or identity document in which the current Temporary Permit is held), 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 WI5.25 and U10.1 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 they keep 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 to refugee status claimants on arrival in New Zealand

1. If a person indicates an intention to claim refugee status on arrival in New Zealand and they complete an application form for refugee status, a temporary 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 status claimant should be told that:
   1. an application for a further temporary permit will only be considered after they have confirmed their claim in the prescribed manner (see C4.20), and
   2. they should submit any application for a further temporary permit at a NZIS office in New Zealand before the existing permit expires.

E8.5.12 Limitations on refugee status claimants granted temporary permits

Immigration Act 1987 s 129U

1. A refugee status claimant who has been granted a temporary permit on or after 1 October 1999 (whether before or after the claim was made), or a person who is no longer such a claimant through having their refugee claim declined, may not, whether before or after the temporary permit expires:
   1. apply for a further temporary permit or for a permit of a different type while in New Zealand; or
   2. request a special direction or a permit under section 35A of the Immigration Act 1987 while in New Zealand; or
   3. bring any appeal to the Residence Appeal Authority.
2. Despite E8.5.12(a) above, a claimant may apply for further temporary permits in order to maintain their lawful status in New Zealand while their claim is being determined.
3. Section 129U ceases to apply to a person if and when their refugee status claim is successful.

E8.5.15 Applications for further temporary permits by refugee status claimants

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 claim has been allocated to a refugee status officer, and the case has been scheduled for an interview, a 6 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,
4. 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 under section 25(2), any requirements specified for each type of permit.
5. 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 justify granting a permit (see C2.10).

E8.5.20 Temporary visas for refugee status claimants

Immigration Act 1987 s 129V

1. Before their claim for refugee status is decided, claimants for refugee status will not normally be issued with a temporary visa, because New Zealand's obligations to refugee status claimants cease when they leave New Zealand. However, applications will be considered to see whether the particular circumstances justify granting a visa.
2. Claimants for refugee status applying for temporary visas should be advised that their refugee status claim or appeal will be treated as withdrawn if they leave New Zealand.

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

1. A refugee status claimant unlawfully in New Zealand may be eligible to be considered for a temporary permit under section 35A of the Immigration Act 1987 (see E8.1).

   Note: such persons who have been granted a temporary permit on or after 1 October 1999 are covered by section 129U of the Immigration Act 1987 (see E8.5.12).

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 (if any) expired, and
   2. obtain supporting evidence confirming the claimant's circumstances; eg, a medical certificate.

   If the refugee status claimant is in New Zealand unlawfully, no removal action will be taken unless the claim for refugee status and any appeal to the RSAA have been finally determined against the claimant.

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 29/04/2002