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New Zealand Asylum Legal Questions answered by Lawyers

Browse our 1 legal question about Asylum in New Zealand and the lawyer answers, or ask your own questions for free.

Can I apply for asylum?
Asylum Immigration
I came here in New zealand 7 April 2023 on work visa as health care (care taker). Now i apply for extension, I have work experience from college in India. But they denied my experience. I don't feel safe in my country.
Lawyer answer by Islaw - Expert Lawyers

You arrived in New Zealand on 7 April 2023 on a work visa as a health care (caregiver). You have work experience from India, likely linked to a college or institution. But Immigration New Zealand (INZ) did not accept that...

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About Asylum Law in Feilding, New Zealand:

Asylum in New Zealand is governed by national law and international obligations. If you are in Feilding and believe you face persecution or serious harm in your home country, you can make a claim for refugee or protected person status under New Zealand law. Claims are handled by national agencies, primarily Immigration New Zealand and the Immigration and Protection Tribunal. While Feilding does not have a specialized asylum office, residents use local services in the Manawat - Palmerston North area and national bodies to lodge claims, obtain advice, and attend interviews or hearings. The key legal framework is the Immigration and Protection Act, which implements New Zealand's obligations under the 1951 Refugee Convention and other human rights treaties.

Why You May Need a Lawyer:

Asylum claims involve legal tests, strict timeframes, evidentiary rules, and formal procedures. A lawyer can help you in many common situations, including:

- Preparing and submitting your initial claim so that it clearly explains the reasons you fear returning to your home country.

- Gathering and presenting supporting evidence - for example, medical reports, witness statements, police records, or country information.

- Representing you at interviews with immigration officers and at hearings before the Immigration and Protection Tribunal.

- Advising on interim rights - such as the right to work, access to healthcare, and entitlements while your claim is pending.

- Helping with appeals if your claim is declined, including taking a case to the Immigration and Protection Tribunal or higher courts on points of law.

- Navigating related immigration matters like family reunification, temporary visas, or protection-based visas for children.

If you are unfamiliar with New Zealand law or English is not your first language, legal help reduces mistakes and increases the chance your case is presented clearly and effectively.

Local Laws Overview:

Key legal points relevant to asylum seekers in Feilding - and New Zealand generally - include:

- Legal basis: The Immigration and Protection Act sets out the tests for refugee and protected person status and the procedures for making and reviewing claims.

- Refugee status: You may be recognised as a refugee if you have a well-founded fear of persecution in your home country because of race, religion, nationality, membership of a particular social group, or political opinion.

- Protected person status: New Zealand also protects people who face serious risk of harm such as torture, cruel treatment, or risk to life because of armed conflict or other threats not covered by the refugee definition.

- Non-refoulement: New Zealand follows the principle that no one should be returned to a country where they face real risk of serious harm.

- Process and decision-makers: Immigration New Zealand assesses initial claims. If a claim is declined, appeals can be made to the Immigration and Protection Tribunal. There are further limited legal options to seek judicial review in higher courts on points of law.

- Interim visas and rights: An asylum seeker may be granted a temporary visa while their claim is being assessed. The rights attached to such a visa - for example, the right to work or access public funds - depend on the type of interim permission granted.

- Legal aid and advice: Legal aid may be available for asylum and protection matters if you meet the means and merits tests. Community law centres and migrant support organisations often provide initial advice and help with referrals.

Frequently Asked Questions:

How do I make an asylum claim if I am in Feilding?

You can make a claim by notifying Immigration New Zealand as soon as possible. If you are already in New Zealand, an immigration officer will take your statement and explain the process. Because Feilding does not have a dedicated INZ asylum office, you may be directed to the nearest regional INZ office or asked to attend an appointment in a larger centre such as Palmerston North. Seek legal advice early to prepare your claim.

Can I apply for asylum at the border or from within Feilding?

Yes. You can claim asylum on arrival in New Zealand at the border, or you can make a claim while already in the country. The important step is to contact Immigration New Zealand and, if possible, a lawyer or community organisation to help you with your claim and to make sure you meet deadlines.

What is the difference between refugee status and protected person status?

Refugee status applies if you have a well-founded fear of persecution for reasons such as race, religion, nationality, social group membership, or political opinion. Protected person status covers other serious risks such as torture, cruel or degrading treatment, or risk to life from indiscriminate violence. Both protect you from being forced to return to a place where you would face those risks.

How long does the asylum process usually take?

Processing times vary depending on the complexity of the case, caseload at INZ, and whether appeals are needed. Some cases are resolved in months, while others can take many months or longer if there are legal appeals. Expect multiple steps - initial claim, assessment, and possibly a hearing - and plan for a potentially lengthy process.

Can I work or study while my asylum claim is being decided?

Whether you can work or study depends on the type of interim visa or permission granted while your claim is processed. Some interim permissions include work rights and access to services, while others do not. Ask your lawyer or INZ about your current visa conditions and how they affect work and study rights.

What kind of evidence will help my asylum claim?

Strong evidence supports the reasons you fear return. Useful evidence includes personal statements that explain your experiences, medical or psychological reports documenting harm, police reports or court records showing threats or violence, witness statements, identity documents, and independent country information showing risks to people in your situation. A lawyer can help organise and present this material effectively.

Can my family come to New Zealand if I am seeking asylum?

Family reunion rules are complex. Immediate family members may be able to apply separately for asylum or be included in some protection-related applications, but this depends on individual circumstances and visa categories. Legal advice is important to explore family reunion options and timing.

What happens if my asylum claim is declined?

If a claim is declined, you usually have the right to appeal to the Immigration and Protection Tribunal. There are strict time limits for lodging appeals, so get legal advice immediately if your claim is refused. If appeals fail, there may be limited options to seek judicial review on points of law or to apply for other immigration pathways, but these are case-specific.

Is legal aid available for asylum cases in Feilding?

Legal aid can be available for immigration and protection matters if you meet the financial eligibility criteria and the case has sufficient merit. Contact the local community law centre or the Ministry of Justice legal aid service to apply. Even if you do not qualify for full legal aid, community organisations can often provide initial guidance and referrals to lawyers who handle asylum matters.

Where can I get free or low-cost help locally in Feilding?

Feilding residents can access general support through local Citizens Advice services and community organisations. For specialist immigration and asylum assistance, people commonly use services in the nearby regional centre, such as community law centres, migrant resource groups, and refugee support agencies. Reach out to local community groups for help with referrals, interpreters, and practical support while you pursue legal advice.

Additional Resources:

Below are types of organisations and bodies that can help someone seeking asylum. Contact them for guidance, assistance, and support:

- Immigration New Zealand - the national agency that receives and assesses asylum claims.

- Immigration and Protection Tribunal - the independent body that hears appeals against asylum and protection decisions.

- Refugee Council of New Zealand - advocacy and information about refugee issues.

- New Zealand Red Cross - provides refugee resettlement support and community services.

- Community Law Centres - free or low-cost legal advice on many issues, including immigration.

- Citizens Advice Bureau - practical local help, information, and referrals.

- Ministry of Justice - information on legal aid and the legal system.

- Local migrant support groups and community organisations in the Manawat - Palmerston North area - practical help, interpreting, and settlement assistance.

- Health and mental health services - for medical and psychological support relating to trauma.

- Human Rights bodies and legal clinics - for rights-based advice and support in complex cases.

Next Steps:

If you need legal assistance for an asylum matter in Feilding, follow these steps:

- Seek immediate advice - contact a lawyer with experience in refugee and protection law, or visit your local community law centre for initial help.

- Make your claim promptly - notify Immigration New Zealand as soon as you decide to seek asylum and follow their instructions on interviews and documentation.

- Gather evidence - collect identity documents, medical records, police reports, witness statements, and any proof that supports your claim.

- Ask for an interpreter - if English is not your first language, request an interpreter for all interviews, meetings, and hearings.

- Check eligibility for legal aid - apply early if you need publicly funded legal help and meet the criteria.

- Keep records - store copies of all correspondence, forms, and receipts, and note dates of meetings and hearings.

- Use local support services - community organisations can assist with housing, health, counselling, and practical needs while your case proceeds.

- Prepare for possible outcomes - discuss with your lawyer what happens if your claim is accepted, declined, or appealed, and explore contingency plans for family members and accommodation.

This guide provides general information and does not replace personalised legal advice. If you are seeking asylum, contact a qualified immigration lawyer or an accredited community legal service as soon as possible to discuss your individual situation.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.