C3.15 How refugee or protection claim to be made (29/11/2010)

See also Immigration Act 2009 s 133

1. A claim is made as soon as a person expresses an intention to seek recognition as a refugee or protected person, either orally or in writing, to a representative of the Department of Labour or to a constable.
2. An indication of intent is all that is required to initiate the processing of a refugee or protection claim.
3. People may express an intention to seek refugee or protection status in a variety of ways, including, but not limited to, statements of the following kind:
   1. they have been persecuted; or
   2. they fear 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' (ie the United Nations High Commissioner for Refugees (UNHCR) office in New Zealand; or
   6. they want to know if there is a United Nations (ie UNHCR) office in New Zealand; or
   7. they are 'stateless' or 'homeless' persons; or
   8. they are afraid to return to their home country; or
   9. they are in danger of being subjected to torture if they return to their home country; or
   10. they are in danger of being subjected to cruel, inhuman or degrading treatment or punishment if they return to their home country;
   11. they are in danger of being arbitrarily deprived of their life if they return to their home country; or
   12. they will be killed if they are returned home; or
   13. they simply "do not want to return".
4. A written claim for refugee or protection status may be:
   1. received at any office of the Department of Labour in New Zealand; and
   2. delivered either in person or by mail.
5. There is no fee for making a claim for refugee or protection status.

Effective 29/11/2010