Best Asylum Lawyers in Auckland

About Asylum Law in Auckland, New Zealand

Asylum law in Auckland, New Zealand, falls under the umbrella of New Zealand's wider immigration law. It governs the status of individuals seeking protection from persecution related to race, religion, nationality, social group, or political opinion. Such individuals are referred to as 'asylum seekers' or 'refugees'. New Zealand law adheres to the international principle of non-refoulement, which means it does not send back people to places where they might face persecution.

Why You May Need a Lawyer

Applying for asylum can be a complex process involving stringent documentation, legal procedures, and deadlines. A lawyer familiar with asylum and immigration law can guide you in preparing a persuasive asylum application, ensuring that all the required paperwork is complete, accurate, and submitted on time. Lawyers can also represent you in Asylum Immigration Court, helping you navigate the legal system and arguing on your behalf. Additionally, if your application for asylum is denied, a lawyer can help appeal the decision.

Local Laws Overview

New Zealand adheres to the 1951 UN Refugee Convention and its 1967 Protocol. Hence, asylum seekers are protected by law once they land in the country. According to New Zealand law, the Refugee Status Branch (RSB) of Immigration New Zealand is responsible for processing all claims of asylum. The RSB determines whether individuals meet the United Nations definition of a 'refugee'. Asylum seekers must prove a well-founded fear of being persecuted in their home country to be granted asylum. Asylum can be claimed upon arrival in the country or when deportation threatens an individual's safety or freedom.

Frequently Asked Questions

How long does the asylum application process take in New Zealand?

The processing time for asylum applications varies and can often take several months. An immigration lawyer can help you understand the typical timelines and what to expect during this process.

Can I work while my application is being processed?

Yes, asylum seekers can legally work in New Zealand while waiting for their application to be processed.

What happens if my asylum application is denied?

If your application is denied, you have the right to appeal the decision. An appeal must be submitted within 10 working days. It can be beneficial to work with a lawyer during this process to ensure your best interests are represented.

Can I bring my family with me?

As per New Zealand law, you can include your partner and dependent children in your refugee claim. There are also provisions to sponsor family members from abroad under the Family Sponsored Refugee category.

What support can I receive as an asylum seeker in New Zealand?

Asylum seekers and refugees are entitled to several support benefits, including medical and healthcare services, help with housing, and education for children.

Additional Resources

Immigration New Zealand and the Ministry of Business, Innovation, and Employment provide comprehensive information about asylum law and resources, including guidelines on how to apply for asylum. Non-profit organizations like Amnesty International New Zealand and the Asylum Seekers Support Trust (ASST) also offer support and resources.

Next Steps

If you're considering seeking asylum in Auckland, New Zealand, your first step should be to consult with a lawyer or a reputable organization specializing in asylum law. Prepare all relevant documentation and evidence relating to your claim. Ensure that you understand the legal process, your rights, and the support available to you.