A16.4 General Instruction for the order and manner of processing of refugee and protection status claims

Overview

The purpose of this General Instruction is to provide guidance on the order and manner of processing claims for Refugee and Protection status claims made in accordance with Part 5 of the Immigration Act 2009 (the Act).

Under section 26(4) of the Act and acting under delegated authority from the Chief Executive of the Ministry of the Business, Innovation, and Employment, I give the following general instructions as to the order and manner of processing of refugee and protection status claims, effective from: 1 April 2026.

Order of processing

1. Generally refugee and protection status claims will be considered by Refugee and Protection Officers in the order they are lodged unless specified below.
2. First priority must be given to claims where the claimant is held in immigration detention or otherwise subject to any administrative restrictions on their liberty.
3. The Refugee Status Unit may also prioritise, expedite, extend and amend the standard timeframes, including the length of interview, for the following:
   • Subsequent claims;
   • Claims where anyone required to attend the interview must travel a significant distance, or for a significant amount of time, to the interview location;
   • Claimants with a criminal history in New Zealand;
   • Claims made following interactions by the claimant with an Immigration compliance officer;
   • Claims which are considered to be part of a cohort of claims, based on the common circumstances or common characteristics of the claims;
   • Claims that are considered prima facie meritorious;
   • Claims where compelling characteristics of the claim or claimant exist that warrant prioritisation (such as claims where the claimants are unaccompanied minors, or where the claimants have mental health concerns which would benefit from an amended process).

   Manner of processing

4. The Refugee Status Unit and refugee and protection officers will adhere to the timeframes set out in the Refugee Status Unit Practice Note.
5. Where the refugee and protection officer cannot meet these timeframes or an extension of the time frames is necessary, the refugee and protection officer must write as soon as practicable to the claimant, advise them of the delay or agreed extension period, and provide a new due date for their action.
6. Timeframes for claimants that are in immigration detention (including those released on conditions or on reporting agreements) are able to be expedited, as per the Refugee Status Unit Practice Note.
7. The refugee and protection officer may set time frames to be followed for claims identified in paragraphs 2 and 3 above, as per section 149(1)(a) of the Act.

   Subsequent claims

8. The refugee and protection officer may write to a subsequent claimant and request additional information to assist in determining whether to offer an interview or otherwise accept the claim for consideration.
9. Upon receipt of a subsequent claim, the refugee and protection officer may write to the claimant and advise that section 140(3) of the Act may apply to the subsequent claim, and seek submissions in response. If the claim is found to be manifestly unfounded or abusive, the refugee and protection officer may proceed to determine the subsequent claim without an interview.

   Decisions on claims

10. The refugee and protection officer will notify the claimant of the decision in writing within six weeks of the final date that response and submissions are received, or if not received after a period reasonable in the circumstances has been allowed for their submission.
11. A refugee and protection officer can proceed to a decision based on the information available if a claimant fails to attend an interview, or to respond to an interview report or a letter putting matters for response to them within the agreed time frames.

    Other matters

12. The Refugee Status Unit will not issue decisions or other procedural documents from the third Friday of December to the third Friday of January unless otherwise agreed by the refugee and protection officer and the claimant or representative.

Ingrid Bayliss

Acting Deputy Secretary Immigration

31 March 2026

Effective: 01/04/2026