protected person status
📖 What is protected person status? Meaning and definition
When someone applies for protected person status in New Zealand, they are asking the authorities to recognise that they face a significant risk of certain types of harm if they were to be sent back to their country of origin. This status is considered by a protection officer, and if declined, the applicant can appeal the decision to the Immigration and Protection Tribunal.
The process involves the applicant presenting evidence to support their claim of serious harm. The Tribunal will assess this evidence, including the credibility of the applicant's account, to determine if the risk they face meets the required legal thresholds for protected person status. This means the harm must be serious enough and the risk sufficiently established.
If a claim for protected person status is declined, and a second claim is made, the Tribunal will first determine if there has been a 'significant change in circumstances' since the previous claim was decided. This jurisdictional threshold must be met before the second appeal can proceed to a full hearing, and if not met, the appeal may be dismissed. The ultimate goal for the applicant is to establish a well-founded fear of persecution or a sufficient risk of one of the forms of harm that qualify for protected person status.
📋 Requirements
- Claiming to be at risk of serious harm in their home country
- Evidence establishing a risk of serious harm that reaches the required legal threshold
- For second claims, disclosing a significant change in circumstances material to the claim since previous claims were determined
📝 Procedure
- A protection officer makes an initial decision on the claim for protected person status.
- If declined, the applicant can appeal the decision to the Immigration and Protection Tribunal.
- The Tribunal assesses the evidence, including the credibility of the applicant's account.
- For second appeals, the Tribunal first determines if there's been a significant change in circumstances.
- The Tribunal decides whether the appeal establishes a well-founded fear of persecution or sufficient risk of harm.
💡 Examples
- An individual from India claimed protected person status, but their appeal was dismissed because the Tribunal found no significant change in circumstances since their previous claim.
- An appellant from a foreign country sought protected person status, stating they were pursued by individuals associated with a local politician, but their appeal was declined due to a lack of credible evidence.
- A person claimed protected person status after being threatened by a company following an incorrectly priced invoice, but the Tribunal found core aspects of their account to be not credible.
- A husband, wife, and their two minor children appealed the decision to decline their second claim for protected person status, with the husband representing the family's interests.
📚 Legal basis
- Immigration Act 2009
❓ Frequently asked questions
What is the difference between refugee status and protected person status?
The case excerpts show that both statuses are often claimed together and are decided by a protection officer and the Immigration and Protection Tribunal. While the specific legal definitions differ, both involve claims of serious harm or persecution if returned to one's home country.
What happens if my claim for protected person status is declined?
If your claim is declined by a protection officer, you have the right to appeal that decision to the Immigration and Protection Tribunal. The Tribunal will then review your case and the evidence you provide.
Can I make a second claim for protected person status if my first one was rejected?
Yes, you can make a second claim. However, the Tribunal will first need to determine if there has been a 'significant change in circumstances' that is relevant to your claim since your previous application was decided. If not, your second appeal may be dismissed.
What kind of evidence do I need to provide for protected person status?
You need to provide evidence that establishes a risk of serious harm that meets the required legal thresholds. The Tribunal will assess the credibility of your account and the evidence you present to support your claim.
What does 'serious harm' mean in the context of protected person status?
The case excerpts indicate that 'serious harm' refers to risks that are significant enough to warrant protection, such as a well-founded fear of persecution or other forms of harm that meet specific legal thresholds. The exact definition is detailed in the relevant immigration law.
Do children also get protected person status if their parents do?
The excerpts show that children under 18 are considered minors, and a responsible adult, such as a parent, represents their interests in the claim process. Their status is typically linked to the primary applicant's claim.