C8.1 Claims for refugee status by minors

C8.1.1 Definition of a 'minor'

Immigration act 1987 s 141B

A minor is an unmarried, dependent child who is under 17 years of age.

C8.1.5 Nomination of responsible adult

Immigration Act 1987 s 141B

1. If one or more of the minor's parents are also seeking refugee status in New Zealand or are appealing against a decision of a refugee status officer to the RSAA, that parent:
   1. must represent the minor's interests; and
   2. is the responsible adult for the minor.
2. If a minor who is seeking refugee status does not have a responsible adult to represent their interests, a refugee status officer must take steps to ensure that a responsible adult is nominated, including making the nomination, if necessary.
3. A person may be nominated as a responsible adult only if:
   1. the person is 20 or more years of age; and
   2. except in the case of a parent or guardian of the minor, the person is a New Zealand citizen or the holder of a residence permit; and
   3. the person is any of the following:
      • a parent, guardian or relative of the minor; or
      • a person suggested by the minor; or
      • any other person having responsibility for the minor or who is otherwise suitable to represent the minor's interests; or
      • if no other suitable person is available, a person designated by the chief executive of the Ministry of Social Development; and
   4. (except in the case of a parent or guardian of the minor) the person agrees in writing to be nominated as a responsible adult.
4. Should the need arise, and after reasonable consultation, a substitute responsible adult may be nominated.
5. A responsible adult who is representing the interests of the minor in any refugee status claim must supply a refugee status officer with an address in New Zealand at which they may be notified of any matter concerning the minor.

C8.1.10 Roles and rights of responsible adult

Immigration Act 1987 ss 141B, 141C

1. The role of a responsible adult relates to those matters or proceedings for which the nomination was made.
2. The role of responsible adult finishes when the minor leaves New Zealand.
3. The responsible adult may appeal to the RSAA on the minor's behalf.
4. To the extent practicable given the level of maturity and understanding of the minor, the responsible adult must try to find out the views of the minor and make them known on behalf of the minor, where appropriate.
5. Any document that must served on or notified to the minor must instead be served on or notified to the responsible adult, and such service or notification is presumed to be service on or notification to the minor.

C8.1.15 Views of minor to be considered

Immigration Act 1987 s 141D

1. In any claim to be recognised as a refugee, as far as practicable, the minor must be given an opportunity to express their views on the matter, whether personally or through a responsible adult.
2. The refugee status officer must give due weight to those views, taking into account the minor's age and level of maturity and understanding.

Effective 28/11/2005