Refugee / Asylum
Each year New Zealand accepts 750 refugees for resettlement through the United Nations High Commissioner for Refugees (UNHCR), as part of its commitment to being a good international citizen.
In addition, New Zealand considers claims from asylum seekers who claim refugee status when they arrive in New Zealand.
Appeals
The Immigration and Protection Tribunal (IPT) can consider all aspects of an individual’s appeal together, where those grounds arise at the same time. The IPT is administered by the Ministry of Justice.
The IPT replaces the:
- Residence Review Board (RRB)
- Removal Review Authority (RRA)
- Refugee Status Appeals Authority (RSAA)
- Deportation Review Tribunal (DRT).
Court Appearances
Ministerial/Special Directions
Complaints
If you are an Immigration New Zealand client or representative with a complaint about a matter handled by Immigration New Zealand, you will need to follow its Client Complaint Resolution Process. A complaint might relate to:
- an issue about the service you received
- the time taken to process your application
- a process failure – we did not follow our own instructions or procedures*
- other matters related to your dealings with Immigration New Zealand but not if you are just unhappy with a decision you received.
Deportation
Deportation is the process for requiring a foreign national who has no right to remain in New Zealand to leave. New Zealand citizens cannot be deported from New Zealand. In summary, deportation liability is triggered by:
- Staying in New Zealand unlawfully (i.e. beyond a visa expiry date)
- Staying in New Zealand on a visa granted in error
- Staying in New Zealand on a visa obtained under a false identity
- The Minister of Immigration determining there is sufficient reason to make a temporary entrant liable for deportation, including:
- Obtaining a residence class visa through fraud, forgery etc.
- Breaching conditions of a resident visa
- New information prejudicial to character becoming available that, if known at the time a residence class visa was granted, would have meant the visa would have been refused
- A residence class visa holder being convicted of certain criminal offences
- Cancellation of refugee and/or protection status where the person is not a New Zealand citizen
- Being a risk or threat to security.
- Breach of visa conditions
- Criminal offending
- Matters relating to character
- Concealment of relevant information in relation to the person’s visa application
- Where the person’s circumstances no longer meet the rules or criteria under which the visa was granted.
- Residence class visa holders remain liable for deportation for 10 years following liability for deportation arising.
- Obtaining a residence class visa through fraud, forgery etc.
- Breaching conditions of a resident visa
- New information prejudicial to character becoming available that, if known at the time a residence class visa was granted, would have meant the visa would have been refused
- A residence class visa holder being convicted of certain criminal offences
- Cancellation of refugee and/or protection status where the person is not a New Zealand citizen
- Being a risk or threat to security.
Residence class visa holders remain liable for deportation for 10 years following liability for deportation arising.
Migrant Exploitation
Migrant workers have the same employment rights as all other workers in New Zealand. However, some employers do not treat their migrant workers according to New Zealand employment law. In some cases, this may be “exploitation”.
We know that you may be afraid to report exploitation at work. You may be working when your visa does not allow this. Or you may be in New Zealand unlawfully (your visa may be expired). You may be afraid that if you report exploitation at work, you will have to leave New Zealand.
Some employers will know this and they will pay you less and make you work in conditions that are below the rights for New Zealand workers. This is wrong. If you report exploitation at work, you may be able to stay in New Zealand while we investigate and prosecute your employer, or to complete the purpose of your visit.
