C2.1 Claims for refugee status at Customs place (26/07/1999)

1. Under the guidelines set down by the UNHCR, New Zealand has a general responsibility to admit asylum seekers who arrive at a Customs place and seek to have their claim for refugee status recognised.
2. An indication of intent is all that is required to initiate the processing of a refugee claim.
3. Officers should give due consideration to people who wish to claim refugee status, since they may be tired, disoriented, distressed, and incapable of communicating in English, either orally or in writing.
4. A request for refugee status can take a variety of forms, 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" (ie, the UNHCR), or
   6. they want to know if there is a United Nations office in New Zealand, or
   7. they are "stateless" or "homeless" persons, or
   8. they want to see a lawyer, or
   9. they are afraid to return to their home country, or
   10. they will be killed if they are returned home, or
   11. they simply "do not want to return".
5. Once the claimant indicates to an immigration officer at the Customs place that they intend to apply for refugee status, the immigration officer must:
   1. inform the claimant of the procedures for determining their claim and of their right to seek legal advice and/or representation, and
   2. interview the claimant, using an interpreter if required, and
   3. request the claimant to complete the application form, using an interpreter if required, thereby lodging their claim, and
   4. ask questions from this application form together with other questions on how the claimant reached New Zealand from their country of origin, and
   5. provide a letter that sets out the date of interview with the Refugee Status Branch and the conditions of the interview.
6. Immigration officers must not take any action to remove the claimant.
7. Unless the claim is "manifestly unfounded" or "clearly abusive" (ie, does not meet any of the Convention requirements), an Immigration Officer may grant a 12-month visitor permit.

Effective 26/07/1999