Immigration Act 2009, ss 7(1), 125, 150(2), 164, 388(6); Legal Services Act 2011, s 7(1)
The refugee claims scheme in the Immigration Act (including the “protected person” scheme) is separate from the Act’s main immigration visa scheme. This is shown in a number of different ways:
You can claim refugee status if you’re in New Zealand, regardless of whether you’re here legally or illegally.
Once you’ve claimed refugee status, you usually can’t be deported while you’re waiting for your claim to be decided.
If you’re in New Zealand on a Temporary Visa and you make an unsuccessful claim for refugee status, you’ll then be barred from applying for a further visa of any kind, so long as you remain in New Zealand.
Legal Aid is available for refugee status issues, unlike other immigration issues.
Decisions about refugees are made by Refugee and Protection Officers in Immigration New Zealand’s separate Refugee Status Branch. Refugee and Protection Officers only deal with refugee claims, not visa issues; in the same way, Immigration Officers can only make decisions about visa issues, not refugee issues.
Note: Another section of Immigration New Zealand, the Refugee and Protection Unit, coordinates government and community support for refugees and protected people in New Zealand.