Who qualifies as a “refugee”
Overview
Who is a “refugee”?
Immigration Act 2009, s 129 United Nations Convention Relating to the Status of Refugees 1951, Article 1
You might be recognised as a refugee if:
- you’re outside your country of nationality or habitual residence because you have a well-founded fear of being persecuted because of your race, religion, nationality, social group, or political opinion, and
- you’re unable, or because of that fear, unwilling, to return to that country.
As well as those two important points, there are some extra things you need to prove to the Refugee Status Unit to try and get Refugee or Protected Person status. These include:
- • You need to prove that you cannot move anywhere else within your country of nationality or habitual residence and be safe (internal relocation). You may not be safe in your hometown or your home state, but why are you still at risk if you move anywhere else in your home country? If you are from a larger country, this can be harder to prove.
- You also need to prove that you cannot access protection in your home country (adequate protection). These rules can make it harder for people from ‘western’ countries to make a successful claim (countries including but not limited to the United States of America, England, France, and Germany).
Who is a “protected person”?
Immigration Act 2009, ss 130, 131
You might be granted “protected person” status if you’re in danger of being killed, tortured, or ill-treated if you’re deported from New Zealand.
Immigration New Zealand will decide your claim on the basis of whether you should be recognised as a protected person under either of the following international conventions:
- Convention Against Torture – You’re a “protected person” under this Convention if there are substantial grounds for believing you’d be in danger of being tortured if you were deported back to your country of origin.
- Covenant on Civil and Political Rights – You’re a “protected person” under this Covenant if there are substantial grounds for believing you’d be in danger of being arbitrarily killed or subjected to cruel, inhuman, or degrading treatment or punishment if you were deported back to your country of origin.
Immigration Act 2009, ss 130(3), 131(3)
When Immigration NZ is deciding whether you should be recognised as a protected person, they have to take into account whether in your country of origin there is a consistent pattern of gross, flagrant, or mass violations of human rights.
