Refugee & Protection Claims in New Zealand (2026)
About this article
Sourced from New Zealand Acts of Parliament (legislation.govt.nz), regulations, and official government guidance. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
If you fear persecution or serious harm if returned to your home country, you can claim refugee or protected-person status in New Zealand under Part 5 of the Immigration Act 2009, which gives effect to the 1951 Refugee Convention and the Convention Against Torture. The claim is first assessed by the Refugee Status Unit within INZ.
You have the right to have your claim heard, to an interpreter, and to legal representation — and free legal help is available through the Legal Aid scheme's specialist refugee/protection panel. If your claim is declined, you can appeal to the Immigration and Protection Tribunal. While your claim is being decided, you generally cannot be removed. Claims are confidential, and you cannot be returned to a country where you face the harm you fear (the principle of non-refoulement).
When does it apply?
- You fear persecution, torture, or serious harm in your home country.
- You're in New Zealand and need protection.
- Your refugee/protection claim was declined.
What to do to claim protection in New Zealand
- Lodge your claim with the Refugee Status Unit as soon as possible.
- Get specialist legal help via the Legal Aid refugee panel (free).
- Prepare your account and evidence of the risk you face.
- Appeal to the IPT if your claim is declined.
What should you NOT do?
- Don't delay lodging — early claims are stronger and protect your status.
- Don't attend interviews without advice if you can avoid it.
About Immigration Rights in New Zealand
Migrants and visa holders in New Zealand are covered by the Immigration Act 2009 (administered by Immigration New Zealand, INZ) and, like everyone, by employment and human-rights law. Crucially, migrant workers have the same minimum employment rights as residents — minimum wage, leave, and protection from exploitation. Visa, deportation and refugee decisions can be challenged at the independent Immigration and Protection Tribunal (IPT).
Immigration settings change frequently — always verify the current rules on immigration.govt.nz. INZ: 0508 558 855. Report migrant exploitation: 0800 200 088.
Common Questions
What is the refugee and protection claims right in New Zealand?
If you fear persecution or serious harm if returned to your home country, you can claim refugee or protected-person status in New Zealand under Part 5 of the Immigration Act 2009, which gives effect to the 1951 Refugee Convention and the Convention Against Torture. The claim is first assessed by the Refugee Status Unit within INZ.You have the right to have your claim heard, to an interpreter, and to legal representation — and free legal help is available through the Legal Aid scheme's specialist refugee/protection panel. If your claim is declined, you can appeal to the Immigration and Protecti...
When does it apply — refugee and protection claims?
You fear persecution, torture, or serious harm in your home country.You're in New Zealand and need protection.Your refugee/protection claim was declined.
How do I claim asylum in New Zealand?
Lodge your claim with the Refugee Status Unit as soon as possible.Get specialist legal help via the Legal Aid refugee panel (free).Prepare your account and evidence of the risk you face.Appeal to the IPT if your claim is declined.
What should you NOT do — refugee and protection claims?
Don't delay lodging — early claims are stronger and protect your status.Don't attend interviews without advice if you can avoid it.