Refugee Status Unit

Brief overview

Interviews held by the Refugee Status Unit are part of the determination of a person’s refugee or protection status. New Zealand is a signatory to the United Nations 1951 Convention Relating to the Status of Refugees (Refugee Convention), the UN Convention against Torture (CAT) and the International Covenant on Civil and Political Rights (ICCPR), all of which contain immigration related commitments to protect people from being returned to a place where they face persecution or other cruel treatment, as defined in the Immigration Act 2009.

Types of interviews, location & length

All interviews are conducted by a refugee and protection officer (RPO). Interpreters are required at all the following interviews, except in special circumstances.

Completing Confirmation of Claim

A person makes a claim for refugee or protection status. An RPO may meet with the claimant to assist him or her in completing the Confirmation of Claim form.

Purpose: To assist the applicant in completing the Confirmation of Claim form in English and to inform the claimant of the refugee and protection determination process and of their legal right to representation.

Location: Auckland International Airport, a police station (usually Manukau hub), Mangere Refugee Resettlement Centre, at a prison or at the RSU.

Length: Approximately 2 – 3 hours.

Detainee interviews

The claimant has entered New Zealand and made a claim for refugee and protection status at the border. After the border interview a decision is made to refuse entry to the person and they are formally taken into detention at the Mangere Refugee Resettlement Centre (MRRC), or a prison. The substantive interview with an RPO takes place at MRRC or the prison. Often detainee interviews are lengthy as they may involve identity and security factors and complicated claims. If the applicant has requested or obtained it, their legal representative will also be present at the interview.

Purpose: To establish whether the applicant meets the criteria for refugee or protection status

Location: Mangere Refugee Resettlement Centre, 251 Massey Road, Mangere, or a prison (usually Mt Eden Corrections Facility, Lauder Rd, Mt Eden)

Length: Approximately 1-2 days.

Flow interviews

If the claimant is not in detention, they are considered to be ‘flow’ cases. A flow interview is held in the interview rooms at the RSU. The claimant’s legal representative will also attend the interview. The purpose of the interview is to gather facts about the claim, inquire further into the claimant’s circumstances and if necessary, test the credibility of the claimant.

Purpose: To establish whether the applicant meets the requirements for refugee or protection status.

Location: Refugee Status Unit, Level 5, Blue Tower, Spark Centre, 167b Victoria Street West (entrance via Hardinge St), Auckland.

Length: Approximately 1-2 days.

Subsequent interviews

A person who has already had a claim for refugee or protection status finally declined in New Zealand (that is, their claim and appeal were declined) and makes another claim, is known as a subsequent claim case. The person may need to be interviewed regarding the circumstances of their new claim. As personal and background details have already been gathered from the first claim interview(s), the subsequent interview is generally shorter.

Purpose: There are two broad issues

1. Whether the person meets the jurisdictional requirements for accepting a subsequent claim (outlined in s 140 Immigration Act 2009); and
2. Whether the person should be recognised as a refugee or protected person.

Location: Refugee Status Unit, Level 5, Blue Tower, Spark Centre, 167b Victoria Street West, Auckland.

Length: Approximately ½ a day.

Cancellation interviews

The applicant was previously approved refugee and protection status in New Zealand either by the RSU or the Immigration and Protection Tribunal (IPT). However due to new information indicating they may have obtained that status by fraud, they may lose it.

Purpose: To ascertain whether the person’s refugee or protection status may have been procured by fraud and, if so, whether their refugee and protection status should be removed.

Location: Refugee Status Unit, Refugee Status Unit, Level 5, Blue Tower, Spark Centre, 167b Victoria Street West, Auckland.

Length: Approximately ½ a day.

NB: There are exceptions to the above locations and length of interviews.

RSU Standard Interview Template

Introduction

Good morning. My name is………………………….. I am the refugee and protection officer who will be interviewing you today and making the decision on your refugee and protection claim.

[RPO to state the above information - date, time, place, who is present (claimant’s CN & AN numbers), and purpose of interview for audio record].

This interview is being recorded. If you require a copy of the recording, it can be provided. Please ensure you speak clearly and that all your answers are audible.

The interview will proceed after my brief discussion with the interpreter.

To interpreter:

Do you know the claimant?

[If yes]

How do you know him/her?

Is there any reason why you would not be able to interpret today in an impartial and professional manner?

[Note: only state the following for new or less experienced interpreters]

It is a requirement of the Refugee Status Unit that I briefly remind you of the interview procedure and your obligations today.

Please repeat as closely as possible what I ask the claimant, and repeat as closely as possible the claimant’s answers. Please do not abbreviate or summarise our statements. If you do not understand the questions I ask please say so and I will rephrase them for you. If you do not know a word, please do not guess at its meaning, but tell me and I will explain it to you. Please do not engage in conversation with the claimant and please ask me before seeking clarification from the claimant.

Before we begin I need to also remind you that under section 151 of the Immigration Act you are required to keep all details of the claim confidential.

Can you please briefly explain to the claimant what we have just discussed.

To claimant:

The interpreter’s name is……………………. He/She will interpret everything you say, and everything I say, in the first person. The interpreter will not be further involved in making the decision on your refugee and protection claim, and is here simply to help us communicate. You should not ask the interpreter for assistance with your case. That is not his/her role. Under no circumstances are you permitted to make contact with the interpreter about your case outside of this interview room.

If you have a long answer to a question, it would be helpful if you paused every now and then to allow for interpretation. This ensures that everything you say is interpreted accurately. This also helps me, as I have to make a written record of everything that is said.

This is a shared inquiry. You have an obligation to establish your claim. I will inquire into your claim, to test the facts and gather further information. Your representative is welcome to be here today.

I have some preliminary questions to ask you.

Structure of the interview

The interview today will be in three parts:

First, I will ask you a set of questions we ask all refugee and protection claimants.

Second, I will ask you questions specific to your claim. Finally, you and your representative will have an opportunity to raise further issues or make submissions.

Please answer the questions that I ask you today as accurately as possible. If you have any difficulty understanding my questions please let me know and I will rephrase them for you. If you have any questions during the interview, please feel free to ask them or note them down.

We will be taking a 10 minute break approximately every hour. Lunch will be approximately one hour. If you would like to take a break at any stage please let me know.

Confidentiality

I want to assure you that everything you say will be kept confidential to the New Zealand Government and the United Nations High Commission for Refugees. You should not fear telling me any details about your claim.

Nothing you tell me will be released to a third party without your prior consent, except as authorised by New Zealand law.

Obligation to tell the truth

You are reminded that you must tell the truth and that everything you say may be used in assessing your credibility.

I ask therefore, that you do not embellish or exaggerate your claim.

If you do not know the answer to a question, please say so.

You should be aware that if a person supplies any information knowing that it is false, or conceals any relevant information, they are guilty of an offence.

Health and Safety

In the unlikely event of an emergency we are required to leave the building. If that happens please follow me outside and we will gather in Graham Street. Please remain with me at all times.

Refugee Definition

I will decide your claim according to the definition of a refugee provided by the United Nations. The interpreter will read the definition to you and you may keep this copy. Underneath the definition you will find the contact details for the UNHCR in Australia, which acts as a monitoring body for the refugee status determination process in New Zealand.

Protection claim

I will also decide whether you should be recognised as a protected person. To be recognised as a protected person, you must demonstrate substantial grounds for believing that you would be in danger of being subjected to:

• Torture; or
• Arbitrary deprivation of life or cruel treatment.

if you are deported from New Zealand.

RECOGNITION AS A REFUGEE IN NEW ZEALAND

New Zealand is a signatory to the 1951 United Nations Convention and the 1967 Protocol relating to the Status of Refugees and, as such, is committed to the protection of persons who are found to be refugees within the meaning of this Convention.

DEFINITION OF A REFUGEE

A refugee is defined under Article 1A(2) (as amended by the Protocol) as a person who:-

“owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable to or owing to such fear, is unwilling to avail himself of the protection of that country…”

or,

“who, not having a nationality and being outside the country of former habitual residence, is unable, or owing to such fear is unwilling to return to it.”

CONTACT DETAILS OF THE UNHCR:

Legal Officer
UNHCR Regional Office for Australia, New Zealand,
Papua New Guinea and the South Pacific
3 Lyons Place
Lyons ACT 2606
AUSTRALIA

Tel: 0061 2 6260 3411
Fax: 0061 2 6260 3477

RECOGNITION AS A PROTECTED PERSON IN NEW ZEALAND

New Zealand is a signatory to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“Convention Against Torture”) and the International Covenant on Civil and Political Rights (“ICCPR”).

DEFINITION OF TORTURE

A person must be recognised as a protected person if there are substantial grounds for believing that he or she will be in danger of being tortured of deported from New Zealand.

Torture is defined under Article 1 of the Convention Against Torture:

[…] "torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.

ICCPR

A person for whom there are substantial grounds for believing that he or she would be in danger of being subjected to arbitrary deprivation of life, or cruel, inhuman, or degrading treatment or punishment (“cruel treatment”) if deported from New Zealand must be recognised as a protected person under the ICCPR.

Article 6(1) of the ICCPR states:

Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.

Article 7 states:

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.

The interviewing officer will then proceed to start asking questions in regards to the contents of the claimant’s Confirmation of Claim and written statement