Refugee and Protected Person Appeals in New Zealand
Refugee and Protected Person Appeals to New Zealand's Immigration and Protection Tribunal carry no fee. They cover a refugee and protection officer declining a claim, declining to accept a claim for consideration, cancelling or ceasing recognition, and refusing to consider a subsequent claim. Two of the Tribunal's five jurisdictions concern recognition.
Quick Facts
| Appeal type | Refugee and Protected Person Appeal |
| Fee | None |
| Heard by | Immigration and Protection Tribunal — Ministry of Justice, chaired by a District Court Judge, 18 members |
| Covers | Declining a claim · declining to accept a claim for consideration · cancelling or ceasing recognition · refusing to consider a subsequent claim |
| Different appeal | Deportation Appeal – Cancelled Refugee and Protected Person, which does carry the NZ$964 fee |
| Levy | Refugee and protection claimants are exempt from the immigration levy |
| Fee waivers | Apply to refugees, refugee claimants and protected people |
| Leaving New Zealand | An appeal may be deemed withdrawn. The Tribunal advises legal advice before leaving |
| Deadline | Stated in your decision and in the MoJ guide for your appeal type |
| Lodging | Online · in person · email [email protected] · courier · DX |
Ministry of Justice and INZ published information, checked 20 August 2026.
The appeal is free, and that is deliberate
Every other appeal type at the Immigration and Protection Tribunal costs NZ$964, and that fee cannot be waived under any circumstances. The Tribunal's wording elsewhere is unambiguous: "The fee must be paid or your appeal will not be accepted. The fee cannot be waived."
Refugee and Protected Person Appeals carry no fee at all.
That is a policy choice, not an oversight, and it is worth stating clearly and early because the $964 figure is attached to almost everything else in this part of the system. Someone reading about Tribunal appeals generally will meet that number repeatedly and may reasonably assume it applies here. It does not.
The fee position is consistent across the wider system. Refugee and protection claimants are exempt from the immigration levy, and fee waivers apply to refugees, refugee claimants and protected people.
What the appeal covers
A Refugee and Protected Person Appeal covers four kinds of decision by a refugee and protection officer:
- Declining a claim for recognition as a refugee or a protected person.
- Declining to accept a claim for consideration.
- Cancelling or ceasing recognition of a person as a refugee or protected person.
- Refusing to consider a subsequent claim.
Where recognition sits in the Tribunal's jurisdiction
The Immigration and Protection Tribunal hears five things:
- Decisions about residence class visas
- Decisions about the recognition of a person as a refugee or protected person
- Liability for deportation
- Decisions to stop recognising a person as a refugee or protected person
- Decisions to cancel the recognition of a New Zealand citizen as a refugee or protected person
Three of the five concern recognition in some form — items 2, 4 and 5. That is a substantial part of the Tribunal's work, and it is why the body is called the Immigration and Protection Tribunal rather than simply an immigration tribunal.
The distinction that matters most: recognition versus deportation
Two appeal types sound similar and are not:
| Appeal | What it is about | Fee |
|---|---|---|
| Refugee and Protected Person Appeal | Whether you are recognised as a refugee or protected person — a decline, a refusal to consider, or a cancellation or cessation of recognition | No fee |
| Deportation Appeal – Cancelled Refugee and Protected Person | Liability for deportation after recognition has been cancelled | NZ$964 |
They are different decisions, at different points, with different consequences. A cancellation of recognition may be appealed free of charge. If deportation liability then arises from that cancellation, that is a separate appeal with the standard $964 fee, which cannot be waived.
Conflating them would tell someone they had to find $964 they do not need to find, or leave them unprepared for a fee they do. See appealing deportation to the IPT.
The Tribunal itself
The Immigration and Protection Tribunal is administered by the Ministry of Justice, chaired by a District Court Judge, and has 18 appointed members. It operates under the Immigration Act 2009 and sits outside Immigration New Zealand.
Published determination timeframes exist for two appeal types — residence appeals generally within 10 to 12 months, and non-resident deportation appeals generally within 8 to 10 months. No published timeframe was available for refugee and protection appeals as at 20 August 2026, so this page does not offer one.
Lodging an appeal
The Tribunal's five lodging routes apply here as they do to every appeal type:
| Method | Detail |
|---|---|
| Online | Through the Tribunal's online form |
| In person | At the Tribunal or your nearest court |
| [email protected] — a hard copy must follow by courier or post, and the Tribunal accepts the appeal as filed on the day it receives the email | |
| Courier | Level 1, 41 Federal St, Auckland |
| Post | DX EX 11086, Auckland |
Do not use ordinary post to the Federal Street address. The Tribunal states: "Do not send anything to this address by the ordinary post, because NZ Post will not deliver to this address and your appeal will not be received." Use courier, the DX box, email, the online form, or lodge in person.
Because this appeal type has no fee, the "appeal and fee together" rule that governs the paid appeal types does not apply. The appeal itself must still arrive within the period.
The leaving-New Zealand trap
"In some cases, your appeal will be deemed to be withdrawn if you leave New Zealand. If you are planning to leave the country, you should seek legal advice before leaving."
That is the Tribunal's own warning, and for someone with a live protection claim it carries obvious weight. Take legal advice before travelling, not after.
The deadline
This page states no day count. The deadlines for refugee, protection and cancellation appeals live in the individual Ministry of Justice guide PDFs and were not extracted in our research.
Two things bind you:
- The period stated in your own decision.
- The period published for your appeal type in the Ministry of Justice guide.
The Ministry states that "each of the guides contains information on how to calculate the timeframe in which you can appeal". Read that section. The guides are at justice.govt.nz/tribunals/immigration/immigration-and-protection/make-an-appeal/forms-and-fees/.
What this page will not do
Refugee and protection claims are the most sensitive material on this site, and the discipline here is stricter than anywhere else.
This page reports only what the Tribunal and INZ publish. It does not describe what makes a claim strong or weak. It does not describe country conditions. It does not describe what evidence carries weight, or how claims are assessed.
It also does not present the protection system as an alternative route after a declined visa. Recognition as a refugee or a protected person is a status determined against legal criteria concerning risk of harm. It is not a fallback for a declined visitor, student or work visa, and treating it as one would be both wrong and harmful — to the person doing it, and to the integrity of a system that exists for people in genuine danger.
If you are looking for what follows a declined visa, the routes are set out on your New Zealand visa was declined — what happens next.
Getting help
Refugee and protection matters are legal work. Preparing a claim or an appeal for a named person is immigration advice under the Immigration Advisers Licensing Act 2007, and giving it without a licence carries up to NZ$100,000 and seven years' imprisonment. The Act applies "whether or not for gain or reward".
Three lawful sources of help, and the second is often the most accessible for people with no income:
- New Zealand lawyers with a current practising certificate, who are exempt from IAA licensing
- Community Law Centres — employees and volunteers are exempt from licensing as long as there is one or more lawyer on the employing body or supervising the work. Community Law Centres are free
- Licensed immigration advisers, listed on the Immigration Advisers Authority register at app.mbieregisters.govt.nz/iaa/ui/start/searchForAnOccupationalRegistration
See who is exempt from immigration adviser licensing and how to check an adviser's licence.
Special categories in the wider system
Alongside the protection system, INZ operates several fee and levy concessions that appear in its published fee schedule and are relevant to people in vulnerable positions:
- Refugee and protection claimants are exempt from the immigration levy, and fee waivers apply to refugees, refugee claimants and protected people.
- Victims of family violence have fee waivers.
- A Special Category for Victims of People Trafficking exists.
- Migrant Exploitation Protection Work Visa applicants, and their partners and dependent children, are exempt from the immigration levy. See migrant exploitation and the protection work visa.
These are named in INZ's own published fee schedule. Their detailed settings were not researched, so confirm any of them directly with INZ before relying on it.
Frequently Asked Questions
How much does a refugee appeal cost in New Zealand?
Nothing. Refugee and Protected Person Appeals to the Immigration and Protection Tribunal carry no fee, unlike every other appeal type at the Tribunal, which costs NZ$964 and cannot be waived.
What does a Refugee and Protected Person Appeal cover?
A refugee and protection officer declining a claim, declining to accept a claim for consideration, cancelling or ceasing recognition, and refusing to consider a subsequent claim.
What is the difference between a refugee appeal and a deportation appeal for a cancelled refugee?
The refugee and protection appeal is about recognition — whether you are recognised as a refugee or protected person — and carries no fee. The Deportation Appeal – Cancelled Refugee and Protected Person is about liability for deportation after recognition was cancelled, and carries the NZ$964 fee.
Who hears refugee appeals in New Zealand?
The Immigration and Protection Tribunal: independent of INZ, administered by the Ministry of Justice, chaired by a District Court Judge, with 18 appointed members, operating under the Immigration Act 2009.
How long does a refugee appeal take in New Zealand?
The Tribunal publishes determination timeframes for residence appeals and non-resident deportation appeals, but no published timeframe was available for refugee and protection appeals as at 20 August 2026. Ask the Tribunal directly.
Can I leave New Zealand during a protection appeal?
The Tribunal warns that in some cases an appeal is deemed to be withdrawn if you leave New Zealand, and advises seeking legal advice before leaving.
Where can I get free legal help with a refugee claim in New Zealand?
Community Law Centres are free, and their employees and volunteers are exempt from immigration adviser licensing as long as a lawyer is on the employing body or supervising the work. New Zealand lawyers with a current practising certificate are also exempt from licensing.
How long do I have to appeal a refugee status decision?
Read your own decision and the Ministry of Justice guide for your appeal type, which explains how to calculate the timeframe. This site does not publish a day count for refugee, protection or cancellation appeals, because those periods live only in the guides and were not verified.