Refugee and protection claims by minors

At a glance

Claims for refugee or protection status by minors follow special procedural safeguards. A minor is defined as a child under 18 who is not married or in a civil union. [C7.1.1] When a minor makes a claim, a responsible adult must be nominated to represent their interests, and the minor's views must be taken into account. [C7.1.5][C7.1.15]

How it works

Minors are entitled to make claims for refugee or protection status in the same way as adults, but additional protections apply. A refugee and protection officer must ensure that a suitable responsible adult is nominated to act on the minor's behalf if no parent is available. The responsible adult has defined roles and rights, including the ability to appeal and to communicate the minor's views. The minor's own perspective must also be sought and weighed according to their maturity.

Steps

Nomination of responsible adult (C7.1.5)

1. If one or more of the minor's parents are also seeking refugee or protection status in New Zealand or are appealing a refugee and protection decision, that parent must represent the minor's interests and is the responsible adult. [C7.1.5]
2. If the minor does not have a responsible adult to represent them, a refugee and protection officer must take steps to nominate one in accordance with section 375 of the Immigration Act 2009. The officer may make the nomination if necessary. [C7.1.5]
3. A person may be nominated as a responsible adult only if they:
   • are 20 or more years of age;
   • (except for a parent or guardian) are a New Zealand citizen or resident or permanent resident;
   • are a parent, guardian, relative, a person suggested by the minor, any other person having responsibility for the minor or who is otherwise suitable, or (if no other suitable person is available) a person designated by the chief executive of the department responsible for the Children, Young Persons, and Their Families Act 1989; and
   • (except for a parent or guardian) agree in writing to be nominated. [C7.1.5]
4. A substitute responsible adult may be nominated if the need arises, after reasonable consultation. [C7.1.5]
5. The responsible adult must supply an address in New Zealand for service of any matter concerning the minor. [C7.1.5]

Roles and rights of the responsible adult (C7.1.10)

The responsible adult's role is limited to the matters or proceedings for which they were nominated. Their role ends when the minor leaves New Zealand, the matter is completed, or the minor turns 18 or marries or enters a civil union. [C7.1.10]

The responsible adult may:

• appeal to the Immigration and Protection Tribunal or the High Court on the minor's behalf;
• make submissions to the Tribunal; and
• bring review proceedings in the High Court. [C7.1.10]

The responsible adult must, to the extent practicable given the minor's maturity, seek and communicate the minor's views. Any document that must be served on or notified to the minor is served on or notified to the responsible adult, and this is deemed service on the minor. [C7.1.10]

Views of the minor to be considered (C7.1.15)

In any claim by a minor, the minor must be given an opportunity to express their views, whether personally or through a responsible adult. The refugee and protection officer must give due weight to those views, taking into account the minor's age and level of maturity and understanding. [C7.1.15]

Interpretation & edge cases

• The definition of a minor (under 18, not married or in a civil union) aligns with the Immigration Act 2009, s 375. [C7.1.1]
• If no suitable responsible adult can be found among family, guardians, relatives, or the minor's suggestion, the officer may nominate a designated person from the relevant child protection agency. This is a last-resort safeguard. [C7.1.5]
• The requirement that the responsible adult be a New Zealand citizen or resident/permanent resident (unless they are a parent or guardian) ensures a local point of contact who is subject to New Zealand jurisdiction. [C7.1.5]
• The responsible adult's role ceases on the minor's marriage or civil union, even if the minor is still under 18, because the minor then has the legal capacity to act independently. [C7.1.10]
• Service on the responsible adult is deemed service on the minor, which means the minor cannot later claim non-receipt of documents if the responsible adult fails to forward them. [C7.1.10]
• The duty to consider the minor's views is not a veto: the officer must give "due weight" according to age and maturity, balancing the need to protect the minor with respect for their autonomy. [C7.1.15]
• Unaccompanied minors who arrived as part of a mass arrival group are excluded from the special provisions for mass arrivals (see C8.5.5) and are instead dealt with under the C7.1 procedures until they turn 18, marry, or enter a civil union. [C8.5]

Effective 29/11/2010.

Citations

• C7.1 — Claims for refugee or protection status by minors
• C7.1.1 — Definition of a 'minor'
• C7.1.5 — Nomination of responsible adult
• C7.1.10 — Roles and rights of responsible adult
• C7.1.15 — Views of minor to be considered
• C8.5 — Definition of mass arrivals and associated terms