Part 3: Claiming asylum in New Zealand – what is a protected person?

In our previous instalments we discussed the basics of claiming asylum - https://www.dslaw.nz/news/whatisrefugeestatusnz - and what you need to prove to be recognised as a refugee in New Zealand - https://www.dslaw.nz/news/asylum-claim-nz. Here, we discuss an alternative means of protection in New Zealand – protected person status.

When making a claim for asylum in New Zealand a person has the choice of making a claim to be recognised as a refugee and/or a protected person.

A protected person can be someone who does not meet the definition of refugee - https://www.dslaw.nz/news/asylum-claim-nz - but still faces harm if they go back to their home country.

A person can be recognised as a protected person under the Convention Against Torture if there are substantial grounds for believing that they would be in danger of being subjected to torture if deported from New Zealand.

A person can also be recognised as a protected person in New Zealand under the International Covenant on Civil and Political Rights (ICCPR) if there are substantial grounds for believing that they would be in danger of being subjected to arbitrary deprivation of life or cruel treatment if deported from New Zealand. This can include arbitrary detention i.e., being held in police custody or prison without lawful reason.

In both instances, you also need to show that there is no meaningful protection in your home country against the feared persecution. You also need to show there are “substantial grounds for believing” the feared harm will occur. That means in the most general terms (meaning that this is not the specific legal test) you need to demonstrate through some evidence that the harm you say you will face is possible or likely.

In our next instalment we will discuss the actual process when claiming asylum in New Zealand.