Y7.1 Claims for refugee status at port of entry

Immigration Act 1987 ss 114Q, 129G(1)

1. Under the guidelines set down by the UNHCR, New Zealand has a general obligation to admit asylum seekers who arrive at a port of entry and seek to have their claim for refugee status recognised.
2. An indication of intent is all that is required to initiate the processing of a refugee claim.
3. Officers should give due consideration to people who wish to claim refugee status, because they may be tired, disoriented, distressed, and incapable of communicating in English, either orally or in writing.
4. People may express an intention to seek refugee status in a variety of ways, including, but not limited to, statements of the following kind:
   1. they have been persecuted; or
   2. they are in fear of being persecuted; or
   3. they have been imprisoned for political reasons; or
   4. they are afraid of being imprisoned in their home country; or
   5. they want to "see the United Nations" (i.e. the United Nations High Commissioner for Refugees ("UNHCR")); or
   6. they want to know if there is a United Nations office in New Zealand; or
   7. they are "stateless" or "homeless" persons; or
   8. they want to see a lawyer; or
   9. they are afraid to return to their home country; or
   10. they will be killed if they are returned home; or
   11. they simply "do not want to return".
5. No person who is a refugee status claimant may be removed or deported from New Zealand until their refugee status has been finally determined.
6. Unless the claim is "manifestly unfounded" or "clearly abusive" (see Y7.5(b)) or the claimant is subject to section 7 of the Immigration Act 1987, the following permits may be granted:
   1. for the principal claimant, a work permit current for up to 6 months; and
   2. for a dependant of school age, a student permit current for up to 6 months; and
   3. for the spouse or partner of the principal claimant, a visitor permit current for up to 6 months.
7. If the claimant is the holder of a limited purpose visa, the claimant, unless subject to section 7 of the Immigration Act 1987, should be granted a limited purpose permit for the period required to achieve the express purpose for which they were issued the limited purpose visa.
8. The claimant must be given a letter that sets out the date of interview with a refugee status officer and the conditions under which the interview will be conducted.
9. If the claimant does not confirm their claim in the prescribed manner (see C4.20) at the border, they should be told that an application for a further limited purpose permit will only be considered after they have confirmed their claim in the prescribed manner.

Effective 01/10/1999