How to make a claim for refugee or protection status if you are in New Zealand.
We are aware of fake letters being sent to asylum seekers through email and social media, advising them of claim outcomes. Decision outcomes are officially communicated in hard copy by courier. If you have any doubts about a claim letter or any other communications you receive from us, contact the Refugee Status Unit.
New Zealand has an obligation under international law to protect people from other countries who face danger if they return there. If you fear returning to your own country, you can ask New Zealand to recognise you as a refugee or protected person. This is also called claiming asylum. People who lodge a claim for refugee or protection status in New Zealand are known as refugee and protection claimants.
New Zealand has signed an international convention that supports the right of people to claim asylum. New Zealand is a signatory to the:
Refugee and protected person status is a legal status under New Zealand law. Refugees are people who meet the definition of a refugee in the 1951 Convention Relating to the Status of Refugees (as amended by the 1967 Protocol).
A refugee is a person who:
A protected person is a person:
Cruel treatment is defined in the Act as cruel, inhuman or degrading treatment or punishment. If a person can get effective protection from the authorities of their country or a third country, New Zealand is not obliged to protect them.
The purpose of an asylum claim is to protect people who have a well-founded fear of being persecuted in their home country. It is not a way to extend a stay in New Zealand or access work rights or other services.
Non-genuine claims for refugee and protection status slow down processing for everyone.
Immigration New Zealand monitors claim patterns and numbers closely and is alert to potential abuses of the system.
To be recognised as a refugee or protected person you must have a well-founded fear of returning to your home country. The bar to meet this requirement is high and we will carefully assess your situation to make sure you meet it. Currently only around one fifth of refugee and protection claims made with us are successful.
If you do not meet our requirements your claim is likely to be declined.
If you do not meet the requirements for refugee and protection status your claim will be declined.
If your claim for asylum is finally declined:
If you are unsure if you have a valid claim for refugee or protection status you can seek advice from a lawyer or a licensed immigration advisor. You can also speak to us about other options you may have to stay in New Zealand.
If you have already been recognised by us as a refugee or protected person and we later find out that your claim was false, your status may be cancelled. You may also become liable for deportation. In some cases, you may even be prosecuted in court for the false claim.
You can hire a lawyer or Licensed Immigration Adviser to help you with your claim. Your immigration adviser must have a licence or be a practicing lawyer.
If you cannot afford a lawyer, you may be able to get financial help. You can contact the Legal Aid Service or discuss this with your lawyer.
You can claim refugee or protection status in person or in writing.
You can make your claim with:
Your claim must also be confirmed in writing by completing a Confirmation of Claim form.
There are 6 steps to the claim process:
The Refugee Status Unit (RSU) will assign your claim to an RPO for processing.
We will not deport anyone while their claim is being processed. You may be liable for deportation if your claim is finally declined.
Anyone in New Zealand who wants to make a claim must complete a Confirmation of Claim form.
When you give the completed form to an RPO you must also give them evidence of your identity and nationality, such as your passport.
After you submit your Confirmation of Claim form, you must send us a written statement and supporting information regarding your claim. Use our guide to help you make your written statement.
You can send your claim form to:
Refugee Status Unit
PO Box 90533
Victoria Street
Auckland 1142
Or drop it off in person to:
Refugee Status Unit
162 Victoria Street West
Auckland
Opening hours: 08:30 to 16:00 (NZT), Monday to Friday.
You can also phone or email the RSU.
Phone: +64 9 928 2236
You must get a chest X-ray if you are a refugee or protection claimant applying for a temporary visa. This is to ensure all claimants, their partners and dependent children have been tested for tuberculosis.
You do not need to have a medical examination.
Many people in this situation cannot afford these tests, so we will pay the costs of chest X-rays for:
When a person first makes a claim we will give them information about how to get a funded chest X-ray. We will also reimburse any claimant who paid for a medical examination or chest x-ray on or after 1 October 2019.
We are not able to pay for chest x-rays or medical examinations for successful claimants who apply for residence.
To apply for a refund:
Your refund request can either be:
The current timeframe from when you submit a claim to when it is allocated to an RPO may be up to 6 to 9 months.
This timeframe is valid for 6 months from 1 June 2024.
Once the claim is allocated to an RPO for assessment, the RSU will contact you to arrange an interview and the timeframes set out in the Guide – Claiming Refugee and Protection Status in New Zealand will begin.
We will advise of any future changes to timeframes. Different timeframes may apply to some cases. We will always contact you to inform you of the date and time of your interview, and any other details you may need to know.
The claim of a person subject to any restrictions of liberty under the Immigration Act 2009 is subject to expedited timeframes, however, these can be opted out of. If you wish to opt out of the expedited timeframes, use the form below.
At any stage of the claim process, you are free to leave New Zealand voluntarily. If you leave while your claim is being processed, your claim is deemed to have been withdrawn. You may also withdraw your claim at any stage of the process by advising us in writing of the reasons for your withdrawal. You can use the 'Withdrawal of a refugee and protections claim' form to do this.
Check our Guides and resources for asylum seekers page for more guidance on making a claim, procedural guides and to learn what support services are available for asylum seekers.