Refugee and protection claims in New Zealand

At a glance

Refugee or protected person?

New Zealand can recognise you in one of two ways. The bar is high: INZ notes there is a high standard for showing a well-founded fear.

New Zealand has no protection obligation if you could get effective protection from your own country or a third country.

How to make a claim

1. Tell the authorities you want to claimIn person or in writing, to a New Zealand Police officer or an MBIE representative (an immigration officer or a refugee and protection officer).
2. Complete the Confirmation of Claim form (INZ 1071)Use the guide INZ 1361 to help you fill it in.
3. Prove your identity and nationalityFor example, your passport. Use the name on that document in every later application.
4. Write your statement and gather evidenceFollow the guide INZ 1362. Your statement is the heart of your claim.

What happens next

1. Confirmation of Claim formThe RSU receives your claim and assigns it to an officer.
2. Written statementYou set out your story and evidence.
3. InterviewA refugee and protection officer interviews you.
4. Report on your claimThe officer writes up the information gathered.
5. Final submissionsYou (or your representative) respond to the report.
6. DecisionSent to you by courier.

Claims are generally processed in the order received. They can be prioritised, for example if you are detained, or in compelling circumstances such as an unaccompanied child or serious mental health needs.

While you wait

• Keep a valid visa. You can apply for visas to stay, study or work. Community Law says INZ usually grants a new visa if you had a current one when you claimed, and typically a six-month work visa if you show you need to work.
• If you were unlawful when you claimed, you may not get a visa, and you could be held at the Māngere Refugee Resettlement Centre or in prison.
• Chest X-ray. You need one if you apply for a temporary visa. INZ pays for it if you haven't had one in the last 36 months, and can reimburse you using form INZ 1183.
• Don't leave New Zealand. Leaving during processing means your claim is treated as withdrawn.

If your claim is declined

• The IPT looks at your claim again from scratch and can consider new information.
• You can represent yourself or use a lawyer or licensed adviser. Legal aid may cover a lawyer.
• After the IPT, the High Court can only look at legal errors or a flawed process.
• If your claim finally fails, you can't apply for further New Zealand visas and you may be deported.

If you are recognised, you can then apply for residence. Note that INZ doesn't cover medical costs for the residence application.

Important warnings

• Scams: decisions are sent by courier. INZ warns about fake emails and social media messages claiming to be about your claim.
• False claims: if status is granted based on a false claim, it can be cancelled and you may be prosecuted.
• Unlicensed help: only licensed immigration advisers and practising lawyers can legally advise you on your claim.

The Refugee Quota Programme

Separate from claims made in New Zealand, the Government resettles refugees from overseas through the Refugee Quota Programme. For the three years from 1 July 2025, the quota is 1,500 places a year.

Families of refugees already in New Zealand may be able to use the Refugee Family Support residence category. Ask a licensed adviser whether it is open and how it works.

Getting help

• Community Law Centres give free initial advice, including on legal aid. communitylaw.org.nz
• Legal aid: if you can't afford a lawyer, check your eligibility through the Legal Aid Service.
• Licensed advisers: check the Immigration Advisers Authority register before you pay anyone.