Refugee and Protection Officer

Tēnei tūranga – About the role

A Refugee and Protection Officer makes decisions on refugee and protected person status according to New Zealand’s commitments under certain international human rights instruments, New Zealand’s immigration legislation, and other relevant national and international law.

Ngā herenga – Requirements of the role

Personal specifications

• Interviewing.
• Working with interpreters, claimants, and lawyers.
• Working with researchers.
• Preparing high quality written reports and decisions.
• Working with a quality assurance programme.
• Managing and organising workloads.
• Computer and keyboard literacy.
• Analysis and exercising sound and reasoned judgement.
• Showing sensitivity to individual, gender and cultural differences in colleagues and clients.
• Learning from new experiences and situations.

Knowledge

• In-depth knowledge of the Refugee Convention, Convention Against Torture and Articles 6 & 7 of the ICCPR.
• In-depth knowledge of New Zealand and international refugee and protection law, in particular the jurisprudence of the Immigration and Protection Tribunal (“the Tribunal”) and case law of the New Zealand courts on refugee status matters.
• In-depth knowledge of procedures and guidelines relating to eligibility and cancellation or cessation of refugee and protection status and deportation liability of recognised refugees and protected persons.
• Knowledge and understanding of confidentiality provisions of the Immigration Act 2009, the Privacy Act 1993, and the Official Information Act 1982.
• Demonstrated knowledge and understanding of the principles of administrative law, particularly fairness and natural justice.
• Demonstrated interest in the human rights field and relevant international affairs.
• Knowledge of the wider immigration context including procedure, documentation and identifying risk.

Qualifications

• A tertiary qualification, preferably in law or the humanities, or comparable relevant experience.

Other

• The ability to gain and maintain a national security clearance as required.
• Must be a NZ citizen or hold a Permanent resident visa.

Takohanga tuhinga o mua – Key accountabilities and deliverables

Proficiency in decision making and case management

• Proficiency in decision making and case management.
• Decide eligibility for refugee or protected person status according to the criteria of the 1951 Convention relating to the Status of Refugees (“Refugee Convention”), the UN Convention Against Torture and Articles 6 & 7 of the International Covenant on Civil and Political Rights.
• Decide cancellation and cessation of the same according to criteria set down in the Immigration Act 2009 and relevant law.
• Decide whether a person is liable for deportation under Article 33.2 of the Refugee Convention and s164 of the Immigration Act 2009.
• Understand the confidentiality requirements that apply to refugee and claimant information and the application of the Privacy and Official Information Acts.
• Represent the Ministry in appeals to the Immigration and Protection Tribunal (“the Tribunal”) and assist the Tribunal in its inquiries, as required.
• Participate in processing of a mass arrival of refugee and protection claimants.
• Assist claimants to complete the Confirmation of Claim application and other forms, as required.
• Provide quality and accurate advice to managers and others on refugee and protection matters.
• Apply classified information to status determinations as required under the Immigration Act 2009.

In their decision making, Refugee and Protection Officers demonstrate independence and accountability by:

• Achieving individual targets within set timeframes.
• Setting a determination process consistent with administrative principals of fairness and natural justice and keeping claimants informed of the process.
• Following necessary procedures and observing guidelines as required.
• Managing mixed workflows and a variety of tasks.
• Managing confidential claimant information consistent with section 151 of the Immigration Act 2009 and other relevant legislation.

Proficiency in producing quality decisions

Refugee and Protection Officers produce written reports and decisions in a concise and professional style to a high standard of written English that:

• Identify and address the relevant issues.
• Demonstrate fairness and natural justice.
• Apply the facts as found, country information and the circumstances of the case to the relevant law.

Proficiency in investigation

Refugee status determination is an inquisitorial process requiring an active search for relevant information Refugee and Protection Officers will:

• Conduct quality and focused interviews to elicit relevant information.
• Show agility in assessing and responding to information received during an interview.
• Show sensitivity to a claimant’s personal circumstances while maintaining professional standards.
• Appropriately assess credibility and the veracity of available information.
• Request, analyse and apply country of origin information relevant to the claim or case.
• Investigate all relevant areas of the claim, particularly those at the core, including through interviewing and other investigations.
• Conduct investigations within the boundaries of section 151 of the Immigration Act 2009 and other relevant New Zealand laws.
• Ensure information is properly recorded and protected.
• Work professionally with interpreters, claimants, and their representatives.
• Apply classified information as required under the Immigration Act 2009.
• Obtain and assess biometric information.
• Obtain and provide relevant information to assist the Tribunal, MBIE Legal or Crown Law as required.
• Identify and manage risks, including fraud, and escalate as required.

Proficiency in knowledge acquisition, management, and sharing

Refugee and Protection Officers will:

• Demonstrate proficient knowledge of refugee and protection law, jurisprudence, and procedures.
• Demonstrate proficient knowledge of immigration law and policy, administrative law, and public information management laws relevant to the refugee and protection area.
• Know and apply legal criteria relating to fraud and deportation liability in the context of reviewing a person’s refugee or protected person status.
• Be proficient in assessing, analysing, and applying country of origin information to status determinations.
• Display proactive knowledge management and knowledge sharing.
• Adhere to Ministry procedures and policies around information gathering, storage and retrieval.
• Ensure classified information is kept secure and applied appropriately as set down in the Immigration Act 2009.

Customer service and relationship management

Refugee and Protection Officers will:

• Consistently communicate in a timely, professional, and respectful manner with all internal and external stakeholders.
• Produce high quality customer service through the provision of accurate and timely information.
• Demonstrate the principles of fairness and natural justice.
• Represent the Ministry professionally and competently in appeals to the Tribunal and courts and assist the Tribunal, MBIE legal, and Crown Law in appeals and other matters.

Contribution to outcomes

Refugee and Protection Officers:

• Participate in Refugee Status Unit and or their own initiatives that impact on the successful running and positive culture of the Unit, Branch, INZ and/or the Ministry.
• Contribute to continuous improvement, initiatives, and projects in response to Unit, Branch, INZ or the Ministry’s needs.

Wellbeing, health and safety

• Displays commitment through actively supporting all safety and wellbeing initiatives.
• Ensures own and others safety at all times.
• Complies with relevant safety and wellbeing policies, procedures, safe systems of work and event reporting.
• Reports all incidents/accidents, including near misses in a timely fashion.
• Is involved in health and safety through participation and consultation.

Tō tūranga i roto i te Manatū – Your place in the Ministry

The Refugee and Protection Officer position reports into the Manager – Refugee and Protection position in the Refugee Status Unit within the Refugee and Migrant Services branch. The branch sits within the Immigration New Zealand group.

More information about MBIE's structure

To mātou aronga – What we do for Aotearoa New Zealand

Hīkina Whakatutuki is the te reo Māori name for the Ministry of Business, Innovation and Employment. Hīkina means to uplift. Whakatutuki means to move forward, to make successful. Our name speaks to our purpose, Grow Aotearoa New Zealand for All.

To Grow Aotearoa New Zealand for All, we put people at the heart of our mahi. Based on the principles of Te Tiriti o Waitangi / The Treaty of Waitangi, we are committed to upholding authentic partnerships with Māori.

As agile public service leaders, we use our breadth and experience to navigate the ever-changing world. We are service providers, policy makers, investors and regulators. We engage with diverse communities, businesses and regions. Our work touches on the daily lives of New Zealanders. We grow opportunities (Puāwai), guard and protect (Kaihāpai) and innovate and navigate towards a better future (Auaha).

Ngā matatau – Our competencies

Cultivates innovation We create new and better ways for the organisation to be successful by challenging the status quo generating new and creative ideas and translating them into workable solutions.

Nimble learning We are curious and actively learn through experimentation when tackling new problems by learning as we go when facing new situations and challenges.

Customer focus We build strong customer relationships and deliver customer-centric solutions by listening and gaining insights into the needs of the communities we serve and actively seeking and responding to feedback.

Decision quality We make quality and timely decisions that shape the future for our communities and keep the organisation moving forward by relying on an appropriate mix of analysis, wisdom, experience, and judgement to make valid and reliable decisions.

Action oriented We step up, taking on new opportunities and tough challenges with purpose, urgency and discipline by taking responsibility, ownership and action on challenges, and being accountable for the results.

Collaborates We connect, working together to build partnerships with our communities, working collaboratively to meet shared objectives by gaining trust and support of others; actively seeking the views, experiences, and opinions of others and by working co-operatively with others across MBIE, the public sector and external stakeholder groups.

Te Tiriti o Waitangi

As an agency of the public service, MBIE has a responsibility to contribute to the Crown meeting its obligations under Te Tiriti o Waitangi (Te Tiriti). Meeting our commitment to Te Tiriti will contribute towards us realising the overall aims of Te Ara Amiorangi – Our Path, Our Direction, and achieve the outcome of Growing New Zealand for All. The principles of Te Tiriti - including partnership, good faith, and active protection – are at the core of our work. MBIE is committed to delivering on our obligations as a Treaty partner with authenticity and integrity and to enable Māori interests. We are committed to ensuring that MBIE is well placed to meet our obligations under the Public Service Act 2020 (Te Ao Tūmatanui) to support the Crown in strengthening the Māori/Crown Relationship under the Treaty and to build MBIE’s capability, capacity and cultural intelligence to deliver this.

Mahi i roto i te Ratonga Tūmatanui – Working in the public service

Ka mahitahi mātou o te ratonga tūmatanui kia hei painga mō ngā tāngata o Aotearoa i āianei, ā, hei ngā rā ki tua hoki. He kawenga tino whaitake tā mātou hei tautoko i te Karauna i runga i āna hononga ki a ngāi Māori i raro i te Tiriti o Waitangi. Ka tautoko mātou i te kāwanatanga manapori. Ka whakakotahingia mātou e te wairua whakarato ki ō mātou hapori, ā, e arahina ana mātou e ngā mātāpono me ngā tikanga matua o te ratonga tūmatanui i roto i ā mātou mahi.

In the public service we work collectively to make a meaningful difference for New Zealanders now and in the future. We have an important role in supporting the Crown in its relationships with Māori under the Treaty of Waitangi. We support democratic government. We are unified by a spirit of service to our communities and guided by the core principles and values of the public service in our work.

What does it mean to work in Aotearoa New Zealand’s Public Service?(external link) — Te Kawa Mataaho The Public Service Commission