Refugee and Protection Status

To qualify for protection in New Zealand, you must meet the criteria for either Refugee Status or Protected Person Status as defined by the Immigration Act 2009.

1. Refugee Status

You must demonstrate a "well-founded fear of being persecuted" in your home country. This persecution must be linked to one of five specific grounds:

• Race
• Religion
• Nationality
• Membership in a particular social group (e.g., sexual orientation, gender identity, or specific family ties)
• Political opinion

2. Protected Person Status

If you do not meet the specific definition of a refugee, you may still qualify as a "protected person" if there are substantial grounds to believe that, if deported, you would be in danger of:

• Torture (under the Convention Against Torture)
• Arbitrary deprivation of life or cruel, inhuman, or degrading treatment (under the International Covenant on Civil and Political Rights)

Critical Limitations and Disqualifiers

• Safe Third Countries: If you hold citizenship in another safe country or have the right to reside in a country where you are not at risk, you generally will not qualify for protection in New Zealand.
• Serious Crimes: You may be excluded from protection if there are serious reasons to believe you have committed war crimes, crimes against humanity, or serious non-political crimes outside of New Zealand.
• National Security: Under legislation updated in late 2025, the government maintains the power to strip residence from individuals deemed a significant threat to national security.
• Subsequent Claims: If a previous claim was declined, you cannot lodge a new one unless you can prove that your circumstances (or the conditions in your home country) have changed significantly.