Minister of Immigration

FUTURE-PROOFING IMMIGRATION

The Immigration Change Programme and Act Review

December 2006

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Minister of Immigration

The Immigration Change Programme: Future Proofing Immigration

Drivers

Facilitating skills

Enhancing security

Promoting settlement

Core Elements

Act review

Policy framework

New business model

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Minister of Immigration

Immigration Act Review Process:Timeline

Policy Development 2005-06

Discussion Document Apr-Oct 2006

Cabinet Decisions – Announcing Today

Legislative Drafting- Dec 06-Mar 07

House/Select Committee Process Apr-Oct 2007

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Minister of Immigration

Facilitating Skills Enhancing Security

• simpler visa system• flexible decision-making tools• single protection system• single appeals tribunal• biometric information

• streamlined deportation• classified information• third party incentives• effective compliance powers• responsive detention • biometric information

Immigration Act Review: Overview

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Minister of Immigration

Core provisions • Purpose statement – skills, security,

settlement, international obligations, balancing rights of individuals and NZ

• Rights of New Zealand citizens protected

• Non-citizens must hold a visa to be in New Zealand lawfully

• Robust exclusion provisions

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Minister of Immigration

Visas• Visa system (change from visas, permits,

exemptions)

• New “interim” visa for temporary entrants waiting on further visa decision

• Strong public support

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Minister of Immigration

Decision-making• Minister’s immigration decision-making

powers remain delegable

• Exceptions to “Residence Instructions” also delegable

• Discretion to grant visa to unlawful person retained (current section 35A)

• Electronic decision-making enabled

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Minister of Immigration

Protection• Single determination for refugee, torture and

cruel treatment obligations

• Serious offenders/threats identified in protection determination process, but Minister must uphold obligations

• Not signing 1954 Stateless Persons Convention at this stage

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Minister of Immigration

Deportation • Deportation liability:

– unlawful presence in NZ– failing visa conditions– fraud / misrepresentation– criminal offending– threat / risk to national / international security

• Existing lawful status remains during appeals• Minister/officer may cancel or suspend

liability

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Minister of Immigration

Review and appeal • Single independent appeals tribunal • Single right of appeal to tribunal• All appeal grounds presented on lodgement:

– residence decline– protection decline– deportation (facts, protection, humanitarian)

• Judicial review and appeals on points of law (with leave of Court) within 28 days

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Minister of Immigration

Using classified information• Classified information may be used without

disclosure • May be used for national / international

security, criminal conduct or NZ’s international reputation only

• Minister or security-cleared determination officer makes initial decision

• Appeals to up to 3 Judges on tribunal, with special advocates, summary of information

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Minister of Immigration

Third parties • Employers /education providers must take

reasonable steps to check entitlement to work /study

• Instant fines for carriers

• Information disclosure for assessing eligibility for publicly funded services

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Minister of Immigration

Compliance and enforcement• Powers to require address information to

locate people liable for deportation

• Powers of entry, inspection and search to:

– serve deportation notices

– inspect employer and education provider records

– locate people and documents at the border

• Power to require space at airports

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Minister of Immigration

Detention• Access to legal aid• New alternatives to secure detention• 96 hour power to detain without a warrant• Courts can issue warrants up to 28 days • Detention generally limited to 6 months • Designated officers may detain up to 4 hours• Terms of reference sought on secure

immigration detention facilities

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Minister of Immigration

Biometric information• Power to require, use and store biometric

information - photographs, fingerprints, and iris scans

• Bill will detail when and where biometric information could be required and for what purpose

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Minister of Immigration

Next steps• Dec 06 – April 07 Drafting the Bill

• April 07 Introduction of Bill to Parliament

• April 08 Legislation passed

• Early 08/09 Implementation of new Act