New Zealand provides protection to people fleeing persecution under its obligations as a signatory to the 1951 Refugee Convention. There are two distinct pathways into New Zealand as a refugee: the offshore Refugee Quota Programme, and onshore protection claims made within New Zealand. This page explains how both work, what protections exist, and where to get help.
Two Pathways to Refugee Protection
The Refugee Quota Programme
New Zealand selects a fixed number of refugees each year through the Refugee Quota Programme — currently 1,500 people annually. These are people who have been identified by the United Nations High Commissioner for Refugees (UNHCR) in refugee camps or settlements overseas and referred to New Zealand for resettlement.
Quota refugees go through a selection and assessment process before they arrive. By the time they land in New Zealand, their refugee status has already been recognised and they are granted a resident visa on arrival. This means quota refugees arrive with full settlement support, housing, and access to public services already arranged through Refugee Services Aotearoa and government agencies.
You cannot apply directly for the quota programme — selection is made by UNHCR based on vulnerability and resettlement need. If you are living in a refugee camp or displacement situation, UNHCR is the relevant contact.
Onshore Protection Claims
If you are already in New Zealand — regardless of how you arrived, regardless of your current visa status, and regardless of whether your visa has expired — you can make a protection claim with Immigration NZ. This is commonly called claiming asylum.
Protection claims are handled by INZ's Refugee Status Branch. The legal standard applied is the 1951 Refugee Convention definition: you must have a well-founded fear of persecution in your country of nationality (or country of habitual residence, for stateless people) based on your:
- Race
- Religion
- Nationality
- Political opinion
- Membership of a particular social group
"Well-founded" has both a subjective element (you genuinely fear persecution) and an objective element (there is a real chance of persecution if you return). The persecution must come from the state, or from groups the state is unable or unwilling to protect you from.
New Zealand law also provides complementary protection for people who don't meet the technical Refugee Convention definition but who face a real risk of torture, arbitrary deprivation of life, or cruel, inhuman, or degrading treatment if returned. This catches circumstances that the Convention's framework doesn't fully cover.
The Onshore Claim Process
Making the Claim
You can make a protection claim at any INZ office or at the border on arrival. You don't need a lawyer to make the initial claim, but getting legal advice early — even if just through a community law centre — significantly improves how your claim is prepared and presented.
Once you make a claim, you cannot be returned to the country you are fleeing while the claim is being assessed. This is the principle of non-refoulement, a cornerstone of international refugee law. You have a right to remain in New Zealand throughout the claims process.
The Assessment Interview
After your claim is lodged, you will be assigned a Refugee Status Officer who will conduct a detailed interview about your circumstances, your fear of persecution, and why you cannot safely return home. This interview is the core of the assessment — it is where you explain your situation, provide evidence if you have it, and give your account of what happened to you and what you fear.
The interview can be challenging, particularly if you have experienced trauma. You are entitled to have a support person present. If you need an interpreter, one will be provided. Answer honestly and as fully as you can — inconsistencies between what you say in the interview and what is on your claim form can significantly damage your credibility and the outcome of your claim.
If Your Claim Is Approved
If INZ recognises your refugee or protected person status, you will be granted refugee status and can then apply for a resident visa. From there, the pathway to permanent residence and eventually citizenship follows the normal immigration track. You become a New Zealand resident with full work and study rights and access to public services.
If Your Claim Is Declined
If your claim is declined, you have a right of appeal to the Immigration and Protection Tribunal (IPT), which has a specific Refugee and Protection jurisdiction. The IPT conducts a fresh assessment of your claim — it is not limited to reviewing whether INZ made an error, but can consider the full circumstances including new evidence. The IPT process can take another year or more.
If the IPT also declines your claim, further options include judicial review in the High Court (on legal grounds) and, in some circumstances, a ministerial intervention request based on humanitarian grounds. These are difficult pathways with low success rates, and you need specialist legal assistance to pursue them effectively.
Work Rights During Your Claim
You are not automatically entitled to work while your claim is being processed, but you can apply for a work visa. INZ assesses these applications on their individual merits. Many claimants are granted work visas during the assessment period, allowing them to support themselves and their families.
Contact INZ or a legal aid organisation as soon as your claim is lodged to understand your options for work rights. Community Law Centres in major cities can provide free initial advice.
Family Reunification
Recognised refugees can sponsor certain family members to join them in New Zealand through the Refugee Family Support Category. This is a limited programme with a quota of its own, and it prioritises close family members (spouses, dependent children, and in some cases parents). Wait times can be long, and not all family relationships qualify.
If you are a refugee and want to bring family members to New Zealand, get advice about the specific requirements — the process is different from standard family-based immigration.
Getting Help
Refugee and protection claims involve detailed legal analysis of your individual circumstances and country conditions. While you can make a claim without professional help, the outcome is significantly influenced by how well the claim is prepared and presented.
Community Law Centres provide free legal advice and can assist with initial claim preparation. They are in Auckland, Wellington, Christchurch, and other cities.
Legal Aid is available for refugee claims and IPT appeals to those who meet financial eligibility criteria. If you qualify, you can get representation from a lawyer at no cost.
Refugee Services Aotearoa provides settlement support for quota refugees and some assistance for onshore claimants.
For IPT appeals specifically, consider engaging an immigration lawyer with refugee law experience. Refugee appeals are quasi-judicial proceedings with complex legal standards. The outcome can mean the difference between safety and forced return, and specialist representation makes a real difference to success rates.
Frequently Asked Questions
Can I claim asylum if I arrived on a tourist visa?
Yes. The right to claim protection applies to everyone in New Zealand regardless of visa status, including overstayers. Making a claim protects you from removal while it's being assessed. However, any deception in obtaining your original visa may be taken into account in the assessment.
How long does the process take?
Initial decisions by INZ's Refugee Status Branch typically take several months to over a year depending on the complexity of your case and current processing volumes. If you appeal to the IPT, add another year or more. The total process for complex cases can extend to several years.
What if my home country has improved — can I still claim?
You must show a well-founded fear as of the date of your claim and assessment. If conditions in your home country have genuinely improved, this can affect the outcome. "Improved conditions" claims require careful factual analysis of actual country conditions, not just official statements from that government.
Can children claim separately from their parents?
Children can be included in a parent's claim. Unaccompanied minors who arrive without parents receive special protection and are treated separately. If a child is in New Zealand without parents and at risk, contact INZ or a community law centre immediately.
What is the Refugee Quota — can I apply for it?
The quota is not something individuals can apply for — selection happens through UNHCR's referral process in refugee camps and settlements overseas. If you are already in New Zealand, the relevant pathway is an onshore protection claim, not the quota.
Need legal help with a refugee claim or IPT appeal? Find immigration lawyers and support organisations who specialise in protection matters.