refugee status
📖 What is refugee status? Meaning and definition
Refugee status is a legal recognition granted to individuals who meet the criteria set out in the 1951 Convention Relating to the Status of Refugees. In New Zealand, this recognition is determined under section 129 of the Immigration Act 2009. If an individual is found to be a refugee under this Convention, they are then considered a refugee under New Zealand law.
The process of determining refugee status often occurs during an appeal concerning refugee or protection status. The Immigration Protection Tribunal (IPT) is responsible for deciding whether to recognise an appellant as a refugee. This determination is made in a specific order, with refugee status under the 1951 Convention being considered first, before protected person status under other international conventions.
It is the responsibility of the appellant to establish their claim for refugee status. This means they must provide all information, evidence, and submissions they wish to have considered by the Tribunal. If the Tribunal finds that an appellant is not a refugee within the meaning of the Convention, their appeal for refugee status will be dismissed.
Decisions regarding refugee status are made based on the facts presented and assessed against the relevant legal frameworks. If there isn't a significant change in circumstances material to the claims since previous claims were determined, an appeal may be dismissed.
📋 Requirements
- Must be a refugee within the meaning of the 1951 Convention Relating to the Status of Refugees.
- The appellant must establish their claim by providing all necessary information, evidence, and submissions.
- The claim must be assessed by the Immigration Protection Tribunal.
- There must be a significant change in circumstances if a previous claim was dismissed.
📝 Procedure
- An appeal concerning refugee or protection status is lodged under section 198 of the Immigration Act 2009.
- The Tribunal determines whether to recognise the appellant as a refugee under the 1951 Convention (section 129).
- The appellant provides all information, evidence, and submissions to establish their case.
- The Tribunal identifies the facts and assesses them to make a decision.
- If the criteria are met, refugee status is granted; otherwise, the appeal is dismissed.
💡 Examples
- A family from China was granted refugee status because they faced religious persecution in their home country, demonstrating a successful claim based on the Convention.
- An appeal for refugee status was dismissed because the Tribunal found there was no significant change in circumstances since the previous claim was determined.
- An appellant had to gather and submit extensive evidence to the Immigration Protection Tribunal to establish their claim for refugee status, fulfilling their statutory obligation.
- The Tribunal, following section 198 of the Immigration Act 2009, first considered if an individual was a refugee under the 1951 Convention before looking at other protection categories.
📚 Legal basis
- Immigration Act 2009
❓ Frequently asked questions
What is the 1951 Convention Relating to the Status of Refugees?
The 1951 Convention Relating to the Status of Refugees is an international agreement that defines who is a refugee, their rights, and the responsibilities of states. In New Zealand, it is the primary legal basis for determining refugee status.
Who decides if I get refugee status in New Zealand?
The Immigration Protection Tribunal (IPT) is the body responsible for determining whether to recognise an appellant as a refugee under the Immigration Act 2009.
Do I have to prove my case for refugee status?
Yes, under section 226(1) of the Immigration Act 2009, it is your responsibility as the appellant to establish your case or claim. You must ensure all information, evidence, and submissions are provided to the Tribunal.
What happens if my refugee status appeal is dismissed?
If your appeal for refugee status is dismissed, it means the Tribunal has found that you are not a refugee within the meaning of the 1951 Convention. The decision may also consider if you are a protected person under other conventions.
Can I appeal again if my refugee status claim was previously dismissed?
An appeal may be dismissed if there isn't a significant change in circumstances material to your claims since they were previously determined. It is important to understand the specific reasons for any dismissal and seek legal advice if you are considering further action.