Refugee or protected person status

Some people come to New Zealand under the New Zealand Refugee Quota Programme.

The refugee quota is the number of refugees the New Zealand Government has committed to accepting under an international agreement with the United Nations High Commissioner for Refugees.

People accepted under the refugee quota are generally selected before arrival and granted entry into New Zealand for humanitarian reasons. They are known as mandate or quota refugees.

A person in this situation is recognised as a refugee under the Immigration Act 2009. They are normally granted a residence class visa before their arrival in New Zealand.

Other people may apply for refugee or protected person status under the Immigration Act 2009 after they have arrived in New Zealand.

Some people may do this when they arrive at the New Zealand border (usually international air and seaports). Other people may enter New Zealand on a temporary entry class visa and apply for refugee or protected person status after being in New Zealand for some time.

Most people in this situation arrive with identification or official documents and live in the community while their application is processed. A lack of official papers does not prevent someone from making a claim for refugee or protection status. However, Immigration New Zealand may detain the person if they do not have any identification or official documents.

A person in this situation is generally known as a spontaneous refugee, convention refugee, or asylum seeker. If they do not already hold one, they are generally issued a temporary entry class visa while waiting for the outcome of their claim for refugee or protected person status.

Temporary entry class visa holders generally do not meet the residence criteria for financial assistance from MSD.

However, a person in this situation may meet the residence requirements for specific assistance such as Emergency Benefit or Temporary Additional Support if they:

• are lawfully present in New Zealand (i.e. they have a valid temporary class entry visa) and
• have made an application for refugee or protected person status and
• are waiting for a decision on their application from Immigration New Zealand or are appealing a decline decision to the Immigration and Protection Tribunal

Successful claim

If a person's claim is successful, they will be granted refugee or protected person status. They must apply for a residence class visa or citizenship to stay in New Zealand indefinitely. However, they generally cannot be deported from New Zealand, even if their temporary entry class visa expires.

Note a person with recognised refugee or protected person status does not need a valid visa to meet the residence requirements for specific assistance. However, they must also meet all the other qualifications. This includes any conditions of grant about making efforts to improve their financial situation, such as applying for a visa that enables the person to work in New Zealand.

Unsuccessful claim

If a person's claim for refugee or a protected person status is unsuccessful, they may appeal the decision.

If their temporary entry class visa is valid while waiting for the outcome of the appeal, they may meet the residence requirements for specific assistance such as Emergency Benefit or Temporary Additional Support.

If their visa expires or is cancelled while they appeal the decision (or after the application has been declined), they are generally considered to be unlawfully resident in New Zealand and will not meet the residence criteria for financial assistance from MSD.

Note temporary entry class visa holders may also meet the residence requirements for specific assistance if they are applying for a residence class visa and are compelled to remain in New Zealand through unforeseen circumstances.