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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 Palmerston North, New Zealand

Asylum law in Palmerston North, like the rest of New Zealand, provides protection to individuals who have fled their home countries due to fear of persecution. The city is home to a diverse community, including people seeking refuge from conflict, discrimination, or violence. In New Zealand, asylum seekers may apply for refugee or protected person status under the Immigration Act 2009. The process ensures that those at risk of serious harm in their home countries have a fair opportunity to present their case and, if eligible, gain protection in New Zealand.

Why You May Need a Lawyer

Seeking asylum can be a complex and stressful experience. Legal assistance may be crucial in a variety of situations:

  • If you have recently arrived in Palmerston North and do not understand the New Zealand immigration process
  • If you need help preparing your initial asylum application or collecting necessary evidence
  • If your asylum claim has been refused and you wish to appeal the decision or seek judicial review
  • If you are at risk of deportation or detention by immigration authorities
  • If you have family members who also need protection status or wish to reunite in New Zealand
  • If you face language barriers or have specific vulnerabilities, such as trauma or health concerns

A lawyer experienced in asylum law can help explain your rights, guide you through each step, communicate with officials on your behalf, and advocate for your best interests in hearings or appeals.

Local Laws Overview

New Zealand's asylum process is governed by the Immigration Act 2009 and relevant international treaties, such as the 1951 Refugee Convention. In Palmerston North, as elsewhere in New Zealand, asylum seekers can submit a claim for refugee or protected person status either at a port of entry or after arrival. Key aspects include:

  • The right to claim asylum regardless of how you arrived in the country
  • Assessment by the Refugee Status Unit (RSU) or, on appeal, by the Immigration and Protection Tribunal (IPT)
  • Confidentiality of your application and protection of your privacy during the process
  • The need to demonstrate a well-founded fear of persecution for reasons such as race, religion, nationality, political opinion, or membership of a particular social group
  • Access to legal aid for those who qualify financially
  • Provision of interpreter services if English is not your first language
  • Possibility of work or study while your claim is being determined, depending on your specific immigration status

Frequently Asked Questions

What is the difference between an asylum seeker and a refugee?

An asylum seeker is a person who has applied for protection in New Zealand and is awaiting a decision. A refugee is someone whose asylum claim has been approved, granting them official status and rights under New Zealand law.

How do I make an asylum claim in Palmerston North?

You must submit a formal application for refugee or protected person status to Immigration New Zealand. Assistance from a lawyer or refugee support service is highly recommended due to the complexity of the process.

Can I work while my asylum claim is being decided?

Depending on your visa status, you may be eligible to work. Immigration New Zealand will inform you about work rights when you lodge your claim.

How long does the asylum process take?

Processing times can vary significantly, ranging from several months to longer, depending on individual circumstances and case complexity.

Can I include my family in my asylum claim?

You may include immediate family members who are with you in New Zealand in your application. Family reunification options exist for approved refugees to bring qualifying family from overseas.

What happens if my asylum claim is declined?

If your claim is denied, you have a right to appeal to the Immigration and Protection Tribunal. Legal representation is strongly advised during appeals.

Do I need a lawyer to apply for asylum?

Having a lawyer is not mandatory but is highly recommended as asylum law is complex. Legal professionals can help avoid mistakes and strengthen your application.

Will my information be kept confidential?

Yes, New Zealand law requires that claims for asylum and the information provided remain confidential to protect your safety and privacy.

Can I get legal aid to pay for a lawyer?

If you cannot afford a lawyer, you may qualify for legal aid. This can help cover the costs of legal advice and representation.

Are interpreter services available?

Yes, interpreter services are available at no cost during the application and interview processes if you require assistance with English.

Additional Resources

If you are seeking asylum advice or help in Palmerston North, consider contacting the following:

  • Community Law Centres - They provide free legal advice and support for asylum seekers
  • Immigration New Zealand - The government body responsible for processing asylum applications
  • Refugee Family Reunification Trust - Assistance for bringing eligible family members to New Zealand
  • Red Cross Refugee Services - Help with settlement support, legal advice and access to interpreters
  • New Zealand Law Society - Can refer you to qualified immigration and asylum lawyers in your area

Next Steps

If you need legal advice or assistance with an asylum matter in Palmerston North:

  • Contact a lawyer with expertise in immigration and asylum law
  • Visit your local Community Law Centre for free initial advice and referrals
  • Gather any identification documents, evidence of persecution, and information about your situation
  • Attend all scheduled appointments and keep records of your application and any correspondence
  • If English is not your first language, request interpreter support when arranging appointments

Navigating the asylum process can be challenging, but with the right legal support, you can better understand your rights and pursue protection effectively. Do not hesitate to seek assistance if you are unsure about any aspect of the process.

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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.