C4.15 How refugee claim to be made

Immigration Act 1987 ss 129G(1), 148A(3)

1. A refugee claim is made as soon as a person expresses an intention, either orally or in writing, to a representative of the Department of Labour or to a member of the Police that they wish to seek refugee status in New Zealand.
2. People may express an intention to seek refugee status in a variety of ways, including, but not limited to, statements of the following kind:
   1. they have been persecuted; or
   2. they are in fear of being persecuted; or
   3. they have been imprisoned for political reasons; or
   4. they are afraid of being imprisoned in their home country; or
   5. they want to "see the United Nations" (i.e. the United Nations High Commissioner for Refugees ("UNHCR") office in New Zealand; or
   6. they want to know if there is a United Nations (i.e. the United Nations High Commissioner for Refugees, "UNHCR") office in New Zealand; or
   7. they are "stateless" or "homeless" persons; or
   8. they are afraid to return to their home country; or
   9. they will be killed if they are returned home; or
   10. they simply "do not want to return".
3. A written claim for refugee status may be:
   1. received at any office of the Department of Labour in New Zealand; and
   2. delivered either in person or by mail.
4. There is no fee for making a claim for refugee status.

Effective 28/11/2005