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The laws of asylum in New Zealand, including Tauranga, are guided by international and national legislation. The nation is committed to protecting individuals who are unable or unwilling to return to their home countries due to a well-founded fear of being persecuted for reasons of race, religion, nationality, political opinion or membership of a social group. New Zealand's Refugee Status Branch (RSB) determines refugee and protection claims.
Understanding the specific laws and processes related to asylum can be challenging for someone unfamiliar with the legal field. You may need a lawyer for various reasons including but not limited to: help with filling the application for asylum, ensuring all relevant documents are collected, meeting the deadlines, navigating the legal system, representing you during interviews and hearings, and appealing a denied claim. A lawyer with expertise in asylum law can also help clarify your rights and responsibilities.
In New Zealand, asylum law is underpinned by the Immigration Act 2009 and the 1951 Refugee Convention. As per the Act, the Refugee Status Branch (RSB) makes a decision after conducting an independent and fair evaluation of your asylum claim. After being granted asylum, you can apply for a residence visa, open the doors for family members to join via visa application, and eventually apply for citizenship.
The application for asylum can be made upon entering the country or through the process known as 'spontaneous arrival'. A formal interview will be scheduled with an officer from the RSB to discuss the reasons for fearing return to the home country. The decision is normally made within six months.
You will need identification documents, any evidence proving your fear of return, and filled application forms. It is important to provide as much detail and evidence as possible to substantiate your claim.
After submitting your application, an interview will be scheduled with an RSB officer. The decision of the RSB will be informed to you in writing. If the asylum is granted, you can apply for a residence visa.
If your asylum claim is denied, you can appeal the decision to the Immigration and Protection Tribunal within 10 days. A knowledgeable lawyer can guide you through this process.
Yes, there are provisions for your family members to join you in New Zealand through visa applications once you have been granted asylum status.
The Immigration New Zealand website provides information and official guidance on asylum procedures. The New Zealand Red Cross offers numerous services to refugees including assistance during the asylum process. Amnesty International New Zealand can also provide additional helpful resources.
If you need legal assistance with asylum, the first step is to find a lawyer with expertise in these cases who can provide you with personalized advice and guidance. Next, ensure all necessary documents are organized and prepared. Stay aware of deadlines and be well-prepared for your interview with the RSB officer. In case of a denied claim, remember the option to appeal exists.
