Questions on asylum-seeking, refugee and migrant children - Children’s Convention from the United Nations
Please provide information on the measures taken to:
Question 26(a)
- Amend the Immigration Amendment Act, 2013, including the new section 9A on the meaning of mass arrival group, to ensure respect for the right of the child to family reunification;
Reply to 25(a)
Section 9A of the Immigration Act 2009 defines a “Mass Arrival Group” as a group of more than 30 people who travel to New Zealand together or in associated groups and who, in terms of section 115, are unlawfully in New Zealand. Immigration Instructions set out the residence policy for those who arrive in a Mass Arrival Group and include temporal limitations on wider family reunification. Under instruction C8.5, unaccompanied minors (under the age of 18, not married or in a civil union) are excluded from these instructions and therefore not subject to the limitations on family reunification.
Question 26(b)
- Take into account children’s best interests as a primary consideration in the issuance of permanent residence permits;
Reply to 26(b)
The rights of the child are a primary consideration in immigration decision making but are not an overriding consideration.
Read information about visa applications for dependent children
Question 26(c)
- Ensure that children’s views and best interests are taken into account in the refugee status determination process;
Reply to 26(c)
The Immigration Act 2009 sets out the procedures to be followed for a minor making a refugee or protection claim and these are reflected in Immigration Instructions.
Claims for refugee and protected person status are assessed individually in New Zealand. Immigration New Zealand’s (INZ) Refugee Status Unit (RSU) adopts the principle that it is in the child’s best interests to have a determination process where they are provided an opportunity to express their views, and that those views and their individual circumstances are taken into account independently in the decision. In the case of unaccompanied minors, the RSU has a legislative obligation [1] to ensure that they are properly represented during the claim process.
The RSU has published Guidelines on Children and Minors in the refugee status determination process to assist decision makers, child claimants, their parent/s or responsible adult, and representative.
Question 26(d)
- Strengthen its efforts to promote the integration of, and access to services for, asylum-seeking and refugee children, with particular attention given to children with disabilities.
Reply to 26(d)
The all-of-government New Zealand Refugee Resettlement Strategy provides the framework to improve refugee settlement outcomes so that refugees are able to contribute and to participate in communities and have a sense of belonging to New Zealand. The Strategy’s outcome areas directly relate to and support refugee children to settle in New Zealand, including education, housing, health and participation. Refugee and protection claimants are eligible to access government-funded assistance, including publicly funded health care, income support and (in the case of children) education in the compulsory sector. For example, refugee families may be eligible for a non-recoverable grant of up to $5,000 to support their establishment in the community.
INZ has established a Senior Civil Detention and Welfare Advisor role, who is responsible for assisting refugee and protection claimants with their support needs (including disability). This includes unaccompanied minors and children.
MOE funds targeted assistance to meet all children’s individual needs, including disability support and English language support.
Footnotes
- Section 375, Immigration Act 2009. Return to text
