Refugee or protection claimant

Step 1:

Client lodges a claim for refugee or protection status.

This can be lodged on arrival into New Zealand or any time after arrival.

If lodged on arrival, Immigration New Zealand may detain the client if they do not have any identification or official documents.

Step 2:

The client may already be living in the community or if a claim is made on arrival at the border and there are no security or other risks, they may be released into the community with a valid temporary entry visa (or temporary permit, if granted before 29 November 2010) issued by Immigration New Zealand.

The client may apply for financial assistance.

If the client does not have a valid visa or permit refer the client to Immigration New Zealand.

Remember a work ready client must have a visa or permit allowing them to work in New Zealand

Note a client cannot be considered for Emergency Benefit or Temporary Additional Support if they are not lawfully in New Zealand

Step 3:

Client is granted Emergency Benefit.

Note when granting Emergency Benefit - enter in SWIFTT as an expiry:

• the expiry date of the client's temporary entry visa or temporary permit or
• 3 months from the date of grant

whichever is the earlier.

Step 4:

A decision is made on the client's claim (including an appeal to the Immigration and Protection Tribunal) for refugee or protection status.

Claim granted

The client may still be eligible for Emergency Benefit and must be ordinarily resident in New Zealand. Part of this is applying for permanent residence. The reason a client does not make an application for permanent residence must be considered when assessing continuing eligibility.

Claim declined

From the date the application is declined, (at the Refugee Status Branch and the client does not appeal to the Immigration and Protection Tribunal within the statutory time period) the client is not eligible for Emergency Benefit. Immigration New Zealand may issue a deportation liability notice. If the client's visa has expired, they are in New Zealand unlawfully. Deportation may be executed once all appeal rights (if any) have been exhausted.

Step 5:

The client may appeal to the Immigration and Protection Tribunal to remain in New Zealand. Immigration New Zealand can issue a temporary entry visa or residence visa to the client to allow them to remain in New Zealand lawfully while their appeal is being heard. If this is the case you should continue to pay Emergency Benefit until the appeal period has expired or the appeal has been determined. You should contact Legal Services for advice if necessary.

Note this may be treated as an application for permanent residence and the client may be considered for Emergency Benefit if they are compelled to remain in New Zealand for some unforeseen circumstance. For more information see: Clients compelled to remain in New Zealand

Note if the client is granted permanent residence, they are assessed the same as any other person granted permanent residence.